[Federal Register Volume 67, Number 233 (Wednesday, December 4, 2002)]
[Notices]
[Page 72270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30692]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 193X)]


Union Pacific Railroad Company--Abandonment Exemption--in Utah 
County, UT

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 2.83-mile 
portion of the Provo Industrial Lead from milepost 753.27 near Provo, 
to milepost 756.10 near Gatex, in Utah County, UT.\1\ The line 
traverses United States Postal Service Zip Code 84116.
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    \1\ UP states that the physical assets of the line, including 
the real property interests and track structure thereon, have been 
sold to the Utah Transit Authority (UTA), in connection with UTA's 
corridor preservation project. UTA previously filed a verified 
notice of exemption to acquire from UP this and several other nearby 
railroad rights-of-way and related improvements in Davis, Weber, 
Salt Lake and Utah Counties, UT. UTA also simultaneously filed a 
motion to dismiss that proceeding, maintaining that the transaction 
was not subject to the Board's jurisdiction, and UTA's dismissal 
request was granted. UP, however, retained an exclusive, perpetual 
easement and common carrier obligation on the line to conduct 
freight operations. See Utah Transit Authority--Acquisition 
Exemption--Certain Assets of Union Pacific Railroad Company, STB 
Finance Docket No. 34170 (STB served Feb. 22, 2002 and May 22, 
2002), respectively. The retained easement will expire upon 
consummation of the instant abandonment exemption.
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    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic on 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 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 January 1, 2003, 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 
December 12, 2002. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 23, 2002, 
with: Surface Transportation Board, 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 (SEA) 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 is currently set at $1,100. 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: Mack H. Shumate, Jr., Senior General 
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606.
    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. SEA will issue an environmental assessment (EA) by December 
6, 2002. 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) 565-1552. (Assistance for the hearing impaired 
is available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.) 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 the line. If consummation has 
not been effected by UP's filing of a notice of consummation by 
December 2, 2003, 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 http://www.stb.dot.gov.

    Decided: November 25, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-30692 Filed 12-3-02; 8:45 am]
BILLING CODE 4915-00-P