[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45089-45090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15407]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 249X)]


Union Pacific Railroad Company--Abandonment and Discontinuance 
Exemption--in Plumas and Sierra Counties, CA (Loyalton Industrial Lead)

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments and 
Discontinuances to: (1) Discontinue service over 11.07 miles of rail 
line in Plumas and Sierra Counties, CA, from milepost 0.55 near Hawley 
to milepost 11.62 near Loyalton; and (2) abandon 0.72 miles of rail 
line in Sierra County, CA, from milepost 11.62 to milepost 12.34 near 
Loyalton. The entire line is 11.79 miles and is referred to as the 
Loyalton Industrial Lead (LIL). The LIL traverses United States Postal 
Service Zip Codes 96118 and 96122.
    UP has certified that: (1) No traffic has moved over the line for 
at least 2 years; (2) there is no overhead traffic on the line to be 
rerouted; (3) no formal complaint filed by a user of rail service on 
the line (or filed by a state or local government entity acting on 
behalf of such user) regarding cessation of service over the line is 
either pending with the Board or any U.S. District Court or has been 
decided in favor or 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 September 11, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to

[[Page 45090]]

file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by August 20, 2007. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by August 30, 2007, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Gabriel S. Meyer, Assistant General Attorney, Union 
Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 
68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed a combined environmental and historic report 
addressing the effects, if any, of the abandonment and discontinuance 
on the environment and historic resources. SEA will issue an 
environmental assessment (EA) by August 17, 2007. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 1100, Surface 
Transportation Board, Washington, DC 20423-0001) or by calling SEA, at 
(202) 245-0305. [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 portion of the line 
between mileposts 11.62 and 12.34. If consummation has not been 
effected by UP's filing of a notice of consummation by August 10, 2008, 
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: August 2, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-15407 Filed 8-9-07; 8:45 am]
BILLING CODE 4915-01-P