[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Page 54978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18832]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 254X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Riverside County, CA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 
0.31-mile line of railroad known as the Riverside Industrial Lead, 
extending from milepost 545.83 near Third Street to milepost 546.14 
near Sixth Street, in Riverside County, CA. The line traverses United 
States Postal Service Zip Code 92507.
    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 to 
be rerouted; (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 Surface Transportation 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 October 27, 2007, unless stayed pending 
reconsideration.\1\ 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 October 9, 2007. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 17, 2007, with: Surface Transportation Board, 395 E Street, 
SW., Washington, DC 20423-0001.
    A copy of any petition filed with the Board should be sent to UP's 
representative: Gabriel S. Meyer, Assistant General Attorney, 1400 
Douglas Street, STOP 1580, Omaha, NE 68179.
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    \1\ 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. UP initially 
indicated in its notice of exemption a proposed consummation date of 
October 26, 2007, but because the verified notice was filed on 
September 7, 2007, consummation may not take place prior to October 
27, 2007. UP has been informed by a Board staff member that 
consummation may not take place until October 27, 2007.
    \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\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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    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 on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by October 2, 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 line. If consummation has 
not been effected by UP's filing of a notice of consummation by 
September 27, 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: September 19, 2007.

    By the Board,
David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-18832 Filed 9-26-07; 8:45 am]
BILLING CODE 4915-01-P