[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 17030-17031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7201]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 212X)]


Union Pacific Railroad Company--Discontinuance of Service and 
Trackage Rights Exemption--in Los Angeles and Orange Counties, CA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of 
Service to discontinue service and trackage rights over two segments of 
a rail line known as the Paramount Industrial Lead, owned by the Los 
Angeles County Metropolitan Transportation Authority and the Orange 
County Transportation Authority. The line segments extend: (1) Between 
milepost 495.18 and milepost 495.83 northwest of the intersection of 
Garfield and Rosecrans; and (2) between milepost 497.11 near Crutcher 
and milepost 507.87 in North Stanton, for a total distance of 11.41 
miles in Los Angeles and Orange Counties, CA. The line traverses United 
States Postal Service Zip Codes 90623, 90630, 90680, 90701, 90703, 
90706, 90715, 90723, and 92804.
    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

[[Page 17031]]

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 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.\1\
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    \1\ Because UP's discontinuance of service and of trackage 
rights will merely result in the cessation of service over the line, 
the proceeding is exempt from the requirements of 49 CFR 1105.7 
(environmental reports), 49 CFR 1105.8 (historic reports) and 49 CFR 
1105.11 (transmittal letter).
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    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 April 30, 2004,\2\ unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2),\3\ must be filed by April 12, 2004.\4\ Petitions 
to reopen must be filed by April 20, 2004, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \2\ Pursuant to 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. The applicant 
initially indicated a proposed consummation date of April 16, 2004, 
but because the verified notice was filed on March 11, 2004, 
consummation may not take place prior to April 30, 2004.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding, trail use/rail 
banking and public use conditions are not applicable.
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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 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 our Web site at http://www.stb.dot.gov.

    Decided: March 24, 2004.
    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 04-7201 Filed 3-30-04; 8:45 am]
BILLING CODE 4915-01-P