[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Notices]
[Pages 52362-52363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24851]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-520]


Salt Lake City Railroad Company, Inc.--Adverse Abandonment--Line 
of Utah Transit Authority in Salt Lake City, UT

    On September 8, 1999, Utah Transit Authority (UTA) filed an adverse 
application 1 under 49 U.S.C. 10903 requesting that the 
Surface Transportation Board (Board) find that the public convenience 
and necessity require or permit the abandonment by the Salt Lake City 
Southern Railroad Company, Inc. (SLCS), of a rail line from milepost 
798.74 at Ninth South Street in Salt Lake City to the milepost 775.19 
at the Salt Lake County/Utah County boundary line near Mount (including 
the 1.4-mile Lovendahl Spur connecting with the main line at milepost 
790.52), a total distance of approximately 24.95 miles in Salt Lake 
County, UT. The line traverses United States Postal Service ZIP Codes 
84101, 84115, 84107, 84047, 84070, 84092 and 84020, and includes the 
stations of Salt Lake City, Murray, Sandy, Draper and Mount, UT.
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    \1\  An abandonment of a railroad's service sought by a party 
other than the railroad is called an ``adverse'' abandonment.
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    UTA states that it is filing the adverse application to remove the 
Board's jurisdiction over SLCS's common carrier operations and 
obligations. UTA says that it wants to replace SLCS with the Utah 
Railway Company (URC) as the operator of its line. URC has filed a 
notice of exemption to acquire and operate the line in Utah Railway 
Company--Acquisition and Operation Exemption--Lines of Utah Transit 
Authority in Salt Lake City, UT, STB Finance Docket No. 33785 (STB 
served Aug. 30, 1999) (64 FR 47229).
    UTA, a noncarrier, acquired the underlying right-of-way and track 
from the Union Pacific Railroad Company. See Utah Transit Authority--
Acquisition Exemption--Line of Union Pacific Railroad Company, Finance 
Docket No. 32186 (ICC served Dec. 31, 1992). UTA is apparently using 
the line for light rail passenger service. SLCS is operating freight 
service on the line under a permanent easement. See Salt Lake City 
Southern Railroad Company, Inc--Acquisition and Operation Exemption--
Line Between Mount and Salt Lake City, UT, Finance Docket No. 32276 
(ICC served Apr. 23, 1993).
    In a decision served in this proceeding on August 26, 1999, UTA was 
granted a waiver of some of the filing requirements of 49 CFR 1152 that 
were not relevant to its intended adverse abandonment application. 
However, UTA was required to provide information about the physical 
condition of the line.
    The August 26 decision also noted that the continued viability of 
freight service would be a relevant issue in this abandonment 
proceeding. It was also indicated that the Board would be concerned if 
the common carrier obligation for continued freight service would be 
impeded by light rail passenger service or by any restrictions or 
limitations UTA has allegedly placed on freight operations. As a 
result, UTA was required to provide information in its application 
about how its light rail service affects freight service to shippers.
    UTA was also granted a waiver of the environmental regulations in 
49 CFR 1105.6(c)(6) and 1105.8(b)(3) because freight operation would be 
continued on the line by URC. The decision noted that, even though the 
proceeding is an abandonment of the line because SLCS holds a permanent 
easement to operate the line, environmental and historic reporting 
requirements would indeed be unnecessary for the adverse abandonment 
application if rail service will be continued by another operator.
    In an application by a third party for a determination that the 
public convenience and necessity permit a line to be discontinued or 
abandoned, the issue before the Board is whether the public interest 
requires that the line in question be retained as part of the national 
rail system. By granting a third party application, the Board withdraws 
its primary jurisdiction over the line. Questions of the disposition of 
the line, including the adjudication of various claims of ownership or 
other rights and obligations, are left to the state or local 
authorities. Kansas City Pub. Ser. Frgt. Operation--Exempt.--Aban., 7 
I.C.C.2d 216, 224-25 (1990).
    UTA has served notice of its application on shippers served by the 
line. Shippers can individually submit protests or comments on the 
proposal that will be considered by the Board in

[[Page 52363]]

ruling on the merits of the adverse abandonment application.
    There is no indication that the line contains any federally granted 
right-of-way. Any documentation in the UTA's possession will be made 
available promptly to those requesting it. UTA's entire case for 
adverse abandonment was filed with the application.
    The interest of affected railroad employees will be protected by 
the conditions set forth in Oregon Short Line R. Co.--Abandonment--
Goshen, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed adverse abandonment or protests (including the protestant's 
entire opposition case), by October 25, 1999. Because this adverse 
abandonment is the functional equivalent of a discontinuance of 
trackage rights where rail service would be continued by another 
operator, trail use/rail banking, and public use requests are not 
appropriate, and the public interest does not require the consideration 
of offers of financial assistance. Likewise, no environmental or 
historical documents are required here.
    Persons opposing the proposed adverse abandonment who wish to 
participate actively and fully in the process should file a protest by 
October 25, 1999. Persons who may oppose the abandonment but who do not 
wish to participate fully in the process by submitting verified 
statements of witnesses containing detailed evidence should file 
comments by October 25, 1999. Parties seeking information concerning 
the filing of protests should refer to section 1152.25. The due date 
for UTA's reply is November 8, 1999.
    All filings in response to this notice must refer to STB Docket No. 
AB-520 and must be sent to (1) Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 
20423-0001 and (2) Kevin M. Sheys, Oppenheimer, Wolff, Donnelly & Bayh, 
LLP, 1350 I Street, NW, Suite 200, Washington, DC 20005-3324. The 
original and 10 copies of all comments or protests shall be filed with 
the Board with a certificate of service. Except as otherwise set forth 
in part 1152, every document filed with the Board must be served on all 
parties to the abandonment proceeding. 49 CFR 1104.12(a).
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment regulations at 49 CFR part 
1152.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: September 16, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-24851 Filed 9-27-99; 8:45 am]
BILLING CODE 4915-00-P