Federal Register, Volume 64 Issue 66 (Wednesday, April 7, 1999)

[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Pages 17056-17057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8326]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 134X)]


Union Pacific Railroad Company--Abandonment and Discontinuance of 
Trackage Rights Exemption--in Los Angeles 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 a 1.44-mile line of railroad on 
the Lincoln Park Drill (the Line) from milepost 486.30 near State 
Street to the end of the line at milepost 487.74 near Lincoln Park, and 
for discontinuance of overhead trackage rights over a 0.8-mile line of 
the Southern California Regional Rail Authority's (SCRRA Track) San 
Gabriel Subdivision from milepost 485.30 to milepost 486.10 near State 
Street, in Los Angeles County, CA. The

[[Page 17057]]

line traverses United States Postal Service Zip Codes 90032 and 
90033.¹
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    \1\ UP states that the SCRRA Track will continue to be operated 
by SCRRA.
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    UP has certified that: (1) no local traffic has moved over the Line 
for at least 2 years; (2) there has been no overhead traffic on the 
SCRRA track during the past 2 years and any overhead traffic could be 
rerouted over other lines; (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 and discontinuance 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 May 7, 1999, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,² 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),³ and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by April 19, 1999. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 27, 1999, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 20423.
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    \2\ 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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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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 effects, 
if any, of the abandonment and discontinuances on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by April 12, 1999. 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.
    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 its line. If consummation has 
not been effected by UP's filing of a notice of consummation by April 
7, 2000, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 31, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-8326 Filed 4-6-99; 8:45 am]
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