[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Notices]
[Page 11251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6031]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 108X)]


Union Pacific Railroad Company--Abandonment Exemption--in Contra 
Costa 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 and discontinue service over a 
1.845-mile portion of its line of railroad known as the Port Chicago 
Industrial Lead from the end of the line at milepost 37.06 near Clyde, 
to milepost 38.905 near Port Chicago, in Contra Costa 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 moving over 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 April 10, 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), 
and trail use/rail banking requests under 49 CFR 1152.29 2 must be 
filed by March 21, 1997. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 31, 1997, with: 
Office of the Secretary, Case Control Unit, Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423.3
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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\ 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.
    \3\ The Board is scheduled to relocate to the K Street address 
on March 16, 1997.
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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 March 19, 1997.4 Interested 
persons may obtain a copy of the EA by writing to SEA (Room 500, 
Surface Transportation Board, Washington, DC 20423) or by calling SEA, 
at (202) 565-1545. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
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    \4\ SEA would normally issue its EA 5 days after publication of 
the notice in the Federal Register. However, due to the Board's 
scheduled relocation on March 16, 1997, the EA in this proceeding 
will be issued on March 19, 1997.
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    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a 
notice of consummation with the Board to signify that it has exercised 
the authority granted and fully abandoned the line. If consummation has 
not been effected by UP's filing of a notice of consummation by March 
11, 1998, and there are no legal or regulatory barriers to 
consummation, the authority to abandon will automatically expire.

    Decided: March 4, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-6031 Filed 3-10-97; 8:45 am]
BILLING CODE 4915-00-P