[Federal Register Volume 66, Number 232 (Monday, December 3, 2001)]
[Notices]
[Pages 60241-60242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29883]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 183)]


Salt Lake City Corporation--Adverse Abandonment--in Salt Lake 
City, UT

    On November 13, 2001, Salt Lake City Corporation (City) filed an 
adverse application under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (Board) authorize the abandonment by Union Pacific 
Railroad Company (UP) of a portion of a line of railroad known as the 
900 South Line extending from milepost 781.0 to milepost 782.32 in Salt 
Lake City, UT, a distance of 1.32 miles. The line traverses United 
States Postal Service ZIP Codes 84101 and 84104 and includes no 
stations.
    The City filed the adverse abandonment application to prevent UP 
from reactivating the line. At issue is a Franchise Agreement, dated 
March 20, 1989, between the City and UP, which the City submits 
obligates UP to remove its track on the line and to take the necessary 
steps to permit that removal. The City views UP's use of the line as 
``creating conflicts'' with the City's plans for the area. If the line 
is reactivated, the City states that trains will run through a minority 
community and cross a major thoroughfare, posing safety risks and 
creating environmental justice violations.
    In a decision served in this proceeding on October 5, 2001, the 
City was granted a waiver from many of the filing requirements of the 
Board's abandonment regulations at 49 CFR 1152 that were not relevant 
to its adverse abandonment application. Specifically, the City was 
granted waiver from 49 CFR 1152.10-14 and 1152.24(e)(1), pertaining to 
System Diagram Maps, from 49 CFR 1152.20(a)(3), pertaining to posting 
notice requirements, and from 49 CFR 1152.24(f) and 1152.29(e)(2), 
pertaining to abandonment consummation notice. However, the City was 
required to comply with 49 CFR 1152.20(a)(2), which pertains to service 
requirements, and 49 CFR 1152.20(a)(4), which pertains to publishing 
requirements. Also, the Board did not waive the environmental 
regulations at 49 CFR 1105, 49 CFR 1152.20(c), and 49 CFR 1152.22(f).
    The City states that the line does not contain federally granted 
rights-of-way. Any documentation in the City's possession will be made 
available promptly to those requesting it. The City's entire 
abandonment case in chief was filed with the application, except for 
its Environmental and Historic Report filed on October 22, 2001, and 
errata thereto filed on October 31, 2001.
    The City states that the interests of railroad employees will not 
be adversely affected because there have been no freight operations for 
the past 2 years.
    Any interested person may file written comments concerning the 
proposed abandonment or protests (including protestant's entire 
opposition case) by December 28, 2001. All interested persons should be 
aware that, following any abandonment of rail service and salvage of 
the line, the line may be suitable for other public use, including 
interim trail use. Any request for a public use condition under 49 
U.S.C. 10905 (49 CFR 1152.28) or for a trail use condition under 16 
U.S.C. 1247(d) (49 CFR 1152.29) must be filed by December 28, 2001. 
Each trail use request must be accompanied by a $150 filing fee. See 49 
CFR 1002.2(f)(27). The due date for applicant's reply is January 14, 
2002.
    Persons opposing the proposed adverse abandonment who wish to 
participate actively and fully in the process should file a protest. 
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. Parties 
seeking information concerning the filing of protests should refer to 
49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No. 
AB-33 (Sub-No. 183) 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) Charles A. Spitulnik, McLeod, 
Watkinson & Miller, One Massachusetts Ave., NW, Suite 800, Washington, 
DC 20001. 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 or discontinuance regulations 
at 49 CFR part 1152.
    The October 5 decision noted that the City had requested waiver 
from the environmental requirements of 49 CFR 1152.22(f), arguing that 
its proposal has no environmental impact because there has been no 
traffic for 2 years and, in effect, qualifies for treatment under 49

[[Page 60242]]

CFR 1105.6(c). However, the October 5 decision indicated that the City 
should make that showing in its application, rather than seeking a 
waiver. As noted, on October 22, 2001, the City filed a Combined 
Environmental and Historic Report and, on October 31, 2001, filed 
errata thereto. Questions concerning environmental issues may be 
directed to the Section of Environmental Analysis (SEA) at (202) 565-
1552. [TDD for the hearing impaired is available at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of the 
EA (or EIS) may contact SEA. EAs in these abandonment proceedings 
normally will be made available within 33 days of the filing of the 
application. The deadline for submission of comments on the EA will 
generally be within 30 days of its service. The comments received will 
be addressed in the Board's decision. A supplemental EA or EIS may be 
issued where appropriate.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: November 27, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-29883 Filed 11-30-01; 8:45 am]
BILLING CODE 4915-00-P