[Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
[Notices]
[Page 2436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1105]


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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-33 (Sub-No. 106X)]


Union Pacific Railroad Company--Abandonment Exemption--in Santa 
Clara County, CA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Service and Trackage Rights to abandon an approximately 0.44-mile line 
of railroad known as the San Jose Industrial Lead from milepost 22.45 
(West Carlos Street) to the end of the line at milepost 22.89 (West San 
Fernando Street, near West San Jose, in Santa Clara County, CA.
    UP has certified that: (1) no local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic on the line; (3) 
no formal complaint filed by a user of rail service on the line (or by 
a state or local government entity acting on behalf of such user) 
regarding cessation of service over the line either is pending with the 
Surface Transportation Board (Board) or with any U.S. District Court or 
has been decided in favor of complainant within the 2-year period; and 
(4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 
1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on February 15, 1997, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues, 1 
formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 
2 and trail use/rail banking requests under 49 CFR 1152.29 3 
must be filed by January 27, 1997. Petitions to reopen or requests for 
public use conditions under 49 CFR 1152.28 must be filed by February 5, 
1997, with: Office of the Secretary, Case Control Branch, Surface 
Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC 
20423.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis in its independent investigation) 
cannot be made before the exemption's effective date. See Exemption 
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for 
a stay should be filed as soon as possible so that the Board may 
take appropriate action before the exemption's effective date.
    \2\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\ The Board will accept late-filed trail use requests as long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Joseph D. Anthofer, General Attorney, Union 
Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by January 21, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine 
Kaiser, Chief of SEA, at (202) 927-6248. Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: January 8, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-1105 Filed 1-15-97; 8:45 am]
BILLING CODE 4915-00-P