[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Notices]
[Page 76972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27977]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-874X]


Sierra Northern Railway--Abandonment Exemption--in Yolo County, 
CA

    Sierra Northern Railway (Sierra) has filed a notice of exemption 
\1\ under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon an 
approximately 9.27-mile line of railroad extending from milepost 90.5 
in the City of West Sacramento to a point south of Pumphouse Road, in 
Yolo County, CA. The line traverses United States Postal Service Zip 
Codes 95612 and 95691.
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    \1\ The notice was supplemented by a filing received on December 
15, 2004.
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    Sierra has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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). 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 January 25, 2005, 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 
January 3, 2005.
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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\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services--2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
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    Petitions to reopen or requests for public use conditions under 49 
CFR 1152.28 must be filed by January 12, 2005, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
    A copy of any petition filed with the Board should be sent to 
Sierra's representative: Janie C. I. Sheng, Kirkpatrick & Lockhart LLP, 
1800 Massachusetts Avenue, NW., 2nd Floor, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Sierra has filed an environmental report which addresses the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
30, 2004. 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), Sierra 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 Sierra's filing of a notice of 
consummation by December 23, 2005, 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: December 16, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27977 Filed 12-22-04; 8:45 am]
BILLING CODE 4915-01-P