[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Pages 20263-20264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9242]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 145X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Stanislaus 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 5.62-mile line of railroad 
over the Tidewater Subdivision from milepost 26.43 near McHenry to 
milepost 32.05 in Modesto, in Stanislaus County, CA.\1\ The line 
traverses United States Postal Service Zip Codes 95350 through 95356.
---------------------------------------------------------------------------

    \1\ UP states that it had authority to abandon the line between 
mileposts 27 and 30 pursuant to a joint relocation project with the 
Southern Pacific Transportation Company that was the subject of a 
notice of exemption in Union Pacific Railroad Company and Southern 
Pacific Transportation Company--Joint Relocation Project Exemption, 
Finance Docket No. 32086 (ICC served June 30, 1992), but that the 
abandonment authority was never exercised.
    The City of Modesto (City) filed a request for issuance of a 
notice of interim trail use (NITU) for a portion of the right-of-way 
between milepost +26.43 and milepost +30.63 pursuant to section 8(d) 
of the National Trails System Act, 16 U.S.C. 1247(d). The Board will 
address the City's trail use request and any others that may be 
filed in a subsequent decision.
---------------------------------------------------------------------------

    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; \2\ (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.
---------------------------------------------------------------------------

    \2\ UP states that in connection with track construction in 
downtown Modesto, it plans to temporarily detour some overhead 
traffic over the line for approximately one week beginning on or 
about April 14, 2000. UP states that the detour is necessary to 
maintain access to the Modesto & Empire Traction line between 
Modesto and Empire, CA.
---------------------------------------------------------------------------

    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 16, 2000, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
April 24, 2000. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 4, 2000, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ 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).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: James P. Gatlin, 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 discontinuance on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by April 19, 2000. 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

[[Page 20264]]

by April 14, 2001, 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: April 7, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-9242 Filed 4-13-00; 8:45 am]
BILLING CODE 4915-00-P