[Federal Register Volume 68, Number 207 (Monday, October 27, 2003)]
[Notices]
[Page 61245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27018]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-416 (Sub-No. 3X)]


San Bernardino Associated Governments--Abandonment Exemption--in 
San Bernardino County, CA

    Consistent with the Surface Transportation Board's decision in 
Orange County Transportation Authority, Riverside County Transportation 
Commission, San Bernardino Associated Governments, San Diego 
Metropolitan Transit Development Board, North San Diego County Transit 
Development Board--Acquisition Exemption--The Atchison, Topeka and 
Santa Fe Railway Company, Finance Docket No. 32173 et al. (STB served 
Mar. 12, 1997) (Transit Agencies), San Bernardino Associated 
Governments (SANBAG) has filed a verified notice of exempt abandonment, 
and information otherwise required under 49 CFR 1152 Subpart F--Exempt 
Abandonments, to abandon any residual common carrier obligation on a 
1.92-mile line of railroad, formerly operated by The Burlington 
Northern and Santa Fe Railway Company (BNSF), between milepost 9.48 and 
milepost 11.40 in Redlands, San Bernardino County, CA. The line 
traverses United States Postal Service Zip Code 92374.
    In Transit Agencies, the Board granted SANBAG and several other 
California transit agencies an exemption from 49 U.S.C. Subtitle IV. 
The Board also adopted the agencies' proposal that they file a notice, 
reciting the labor protection the Board is required to impose and 
adopting the environmental and historic reports filed by the rail 
carrier (here BNSF) discontinuing service over the line, to meet the 
agencies' obligations in fully abandoning the subject rail lines. 
SANBAG has provided that information and has adopted the environmental 
and historic reports for this line submitted by BNSF in its notice of 
abandonment exemption in The Burlington Northern and Santa Fe Railway 
Company--Abandonment Exemption--in San Bernardino County, CA, STB 
Docket No. AB-6 (Sub-No. 398X) (STB served Dec. 12, 2002, and 
consummated Apr. 1, 2003).
    Also, consistent with the requirements of 49 CFR part 1152 subpart 
F, SANBAG has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 Board or with any U.S. District Court 
or has been decided in favor of complainant within the 2-year period; 
\1\ 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),\2\ and 49 CFR 1152.50(d)(1) 
(notice to governmental agencies) have been met.
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    \1\ SANBAG indicates that its certification is also based on the 
information provided by BNSF in its abandonment notice of exemption.
    \2\ In compliance with 49 CFR 1105, SANBAG is relying on the 
environmental documentation provided by BNSF in its abandonment 
notice of exemption pursuant to the Board's decision in Transit 
Agencies.
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    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). This exemption will be 
effective on November 26, 2003, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
November 6, 2003. Petitions to reopen must be filed by November 17, 
2003, with: Surface Transportation Board, 1925 K Street, NW., 
Washington, DC 20423-0001.
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    \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 (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.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles A. Spitulnik, McLeod, Watkinson & 
Miller, One Massachusetts Avenue, NW., Suite 800, Washington, DC 20001.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    SANBAG is relying on BNSF's environmental report, which addressed 
the abandonment's effects, if any, on the environment or historic 
resources. SEA will issue an environmental assessment (EA) by October 
31, 2003. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [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, 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), SANBAG 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 SANBAG's filing of a notice of 
consummation by October 27, 2004, and there are no legal or regulatory 
barriers to consummation, the authority to abandon under this notice 
will automatically expire.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 20, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-27018 Filed 10-24-03; 8:45 am]
BILLING CODE 4915-00-P