[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Page 65993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29033]



[[Page 65993]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-416 (Sub-No. 4X)]


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 
19.80-mile line of railroad on the Baldwin Park line, formerly operated 
by Southern Pacific Transportation Company (SP), between milepost 
515.70 at the San Bernardino/Los Angeles Counties, CA border and 
milepost 535.50 in San Bernardino County, CA.\1\ The line traverses 
United States Postal Service Zip Codes 91701, 91730, 91739, 91763, 
91786, 92335, 92336, 92376.\2\
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    \1\ Discontinuance authority was granted to SP for a 4.1-mile 
segment of the subject line in Southern Pacific Transp. Co.--
Abandonment, 8 I.C.C.2d 495 (1992), modified, Southern Pac. Transp. 
Co.--Aban.--L.A. County, CA, 9 I.C.C.2d 385 (1993), and for the 
remainder of the subject line in Southern Pacific Transportation 
Company--Discontinuance of Service Exemption-San Bernardino County, 
CA, Docket No. AB-12 (Sub-No. 158X) (ICC served June 15, 1994).
    \2\ Under 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. SANBAG, in its 
verified notice tendered for filing on October 7, 2003, indicated a 
proposed consummation date of November 26, 2003. Because applicant 
had failed to publish notice in the newspaper as required under 49 
CFR 1105.12, the verified notice was not complete until November 4, 
2003, when proof of newspaper publication was received at the Board 
and hence the notice was not deemed filed until then. Thus, the 
earliest possible consummation date is December 24, 2003. By letter 
filed November 4, 2003, applicant's representative has confirmed 
that the correct consummation date is December 24, 2003.
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    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 SP) discontinuing service over the line, to meet the 
agencies' obligations in fully abandoning the subject rail lines. 
SANBAG has provided that information, and has submitted its own 
environmental and historic reports for this line because 10 years have 
elapsed since SP prepared and submitted the required environmental 
documentation for its discontinuance of rail service on the subject 
line.
    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; 
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). This exemption will be 
effective on December 24, 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 
December 4, 2003. Petitions to reopen must be filed by December 15, 
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 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 
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, 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 November 24, 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 13, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-29033 Filed 11-21-03; 8:45 am]
BILLING CODE 4915-00-P