[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Notices]
[Pages 58748-58749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25786]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 157X)]


Union Pacific Railroad Company--Discontinuance of Trackage Rights 
Exemption--in Monterey County, CA

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR Part 1152, Subpart F--Exempt Abandonments and 
Discontinuances of Service and Trackage Rights to discontinue trackage 
rights over a 13.1-mile line of railroad (the Seaside Industrial Lead) 
owned by the Transportation Agency for Monterey County (TAMC) \1\ 
extending from milepost 110.2 near Castroville, CA, to the end of the 
line at milepost 123.3, near Seaside, CA, in Monterey County, CA.\2\ 
The line traverses United States Postal Service ZIP Codes 95012 and 
93955.
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    \1\ See Transportation Agency for Monterey County-Acquisition 
Exemption-Line of Union Pacific Railroad Company, STB Finance Docket 
No. 34405 (STB served and published Oct. 3, 2003).
    \2\ According to UP, the line has been sold to TAMC effective 
September 12, 2003. UP states that, in accordance with the terms of 
the sale, UP reserved trackage rights for freight operations over 
the line. UP states that it no longer has any need to maintain the 
reserved trackage rights for freight operations and therefore is 
proposing discontinuance of those rights. While the terms of the 
September 12 sale are not altogether clear from the filings made by 
the parties to that sale in either the present proceeding or in STB 
Finance Docket No. 34405, the fact that UP has couched its proposal 
as a discontinuance and not an abandonment would indicate that UP 
takes the position that a freight common carrier obligation was 
conveyed to TAMC as part of the September 12 sale.
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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 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 1152.50(d)(1) (notice to governmental 
agencies), and 49 CFR 1105.12 (newspaper publication) have been met.
    As a condition to this exemption, any employee adversely affected 
by the 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 November 11, 2003, unless stayed pending 
reconsideration.\3\ Petitions to

[[Page 58749]]

stay and formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ must be filed by October 20, 2003. Petitions to 
reopen \5\ must be filed by October 30, 2003, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \3\ UP stated in its notice that the proposed discontinuance 
would be consummated on or after November 7, 2003 (which it 
projected to be 50 days after the notice was filed). Because UP's 
notice was not filed until September 22, 2003, the exemption is not 
due to take effect until November 11, 2003.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise no environmental or historic reporting 
requirements are required here under 49 CFR 1105.6(c), and 
1105.8(b), respectively. However, UP submitted an environmental 
report with its notice.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, 101 
North Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on the Board's Web site 
at www.stb.dot.gov.

    Decided: October 6, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-25786 Filed 10-9-03; 8:45 am]
BILLING CODE 4915-00-P