[Federal Register Volume 68, Number 225 (Friday, November 21, 2003)]
[Notices]
[Pages 65760-65761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28755]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 157X)] \1\


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

    \1\ This notice of exemption supersedes the Board's notice 
served and published in Union Pacific Railroad Company--
Discontinuance of Trackage Rights Exemption--in Monterey County, CA, 
STB Docket No. AB-33 (Sub-No. 157X) (STB served Oct. 10, 2003) (68 
FR 58748-49).
---------------------------------------------------------------------------

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon a 13.1-mile line of railroad (the Seaside Industrial Lead) 
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.
---------------------------------------------------------------------------

    \2\ On October 10, 2003, UP filed this revised notice of 
exemption, as supplemented on November 3, 2003, to take the place of 
the notice that it had previously filed on September 22, 2003. UP 
states that it has determined that initially it should have filed to 
abandon its interest in the line, rather than merely to discontinue 
trackage rights because, under the purchase and sale agreement with 
the Transportation Agency for Monterey County (TAMC), UP reserved an 
exclusive railroad easement for freight operations over the line. UP 
now seeks to abandon its entire right and obligation to provide 
service over the line. UP submits that the terms of the easement 
specifically provide that the easement shall terminate automatically 
upon the effective date of a decision by the Board granting UP 
abandonment authority and UP's satisfaction of any Board-imposed 
conditions. According to UP, the line was sold to TAMC effective 
September 12, 2003. See Transportation Agency for Monterey County--
Acquisition Exemption--Line of Union Pacific Railroad Company, STB 
Finance Docket No. 34405 (STB served Oct. 3, 2003).
---------------------------------------------------------------------------

    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 
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 23, 2003, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ and 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ must be filed by December 1, 2003. Petitions to 
reopen must be filed by December 11, 2003,\5\ with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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.
    \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 the line has already been sold to TAMC, a public 
agency, to conduct passenger service, requests for trail use/rail 
banking under 49 CFR 1152.29 and public use under 49 CFR 1152.28 
would not be appropriate here.
---------------------------------------------------------------------------

    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.
    UP has filed an environmental report which addresses the 
abandonment's

[[Page 65761]]

effects, if any, on the environment and historic resources. SEA will 
issue an environmental assessment (EA) by November 28, 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 and historic preservation 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 21, 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 the Board's Web site 
at WWW.STB.DOT.GOV.

    Decided: November 10, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-28755 Filed 11-20-03; 8:45 am]
BILLING CODE 4915-00-P