[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Notices]
[Pages 64190-64191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28300]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 211X)]


Union Pacific Railroad Company--Abandonment Exemption--In Alameda 
County, CA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 5.38-mile 
line of railroad in the Milpitas Subdivision from milepost 0.00 near 
Clark Drive at Niles Junction to milepost 5.38 near Washington 
Boulevard, in or near Freemont, Alameda County, CA.\1\

[[Page 64191]]

The line traverses United States Postal Service Zip Codes 94536, 94538 
and 94539.
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    \1\ The portion of the line extending from milepost 2.61 to the 
end of the proposed abandonment at milepost 5.38 was sold by UP to 
the Santa Clara Valley Transportation Authority in December 2002. 
UP, however, retained the right to provide freight service, which it 
now seeks to abandon, over that segment of the right-of-way.
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    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) any overhead traffic will move over a 
parallel UP line, which is no more than one-half mile from the instant 
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 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 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 December 
12, 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 November 24, 2003. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 2, 2003, with the Surface 
Transportation Board, 1925 K Street, NW, Washington, DC 20423-0001.
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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 OFA must be accompanied by the filing fee, which 
currently is 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 UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, Union 
Pacific Railroad Company, 101 North Wacker Dr., 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 November 
17, 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, 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 
November 12, 2004, 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 Web site at 
``http://www.stb.dot.gov.''

    Decided: November 5, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-28300 Filed 11-10-03; 8:45 am]
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