[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Pages 56828-56829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19504]



Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 209)]

Union Pacific Railroad Company--Discontinuance--in Utah County, 

    On September 14, 2007, Union Pacific Railroad Company (UP) filed 
with the Surface Transportation Board (Board) an application for 
permission to discontinue service over a line of railroad known as the 
Elberta Line (Line). The Line consists of four end-to-end line segments 
consisting of the Tintic Industrial Lead from milepost 5.52 to milepost 
26.00, the West Tintic Industrial Lead from milepost 26.00 to milepost 
27.23, the Goshen Valley Branch from milepost 0.0 to milepost 3.80 
(equation milepost 2.89 = milepost 2.98), and the Iron King Branch from 
milepost 0.0 to milepost 2.15, extending for a total distance of 27.57 
miles in Utah County, Utah. The Line traverses U.S. Postal Service Zip 
Codes 84626, 84633, and 84651, and includes a station at Elberta.
    The Line does contain federally granted rights-of-way.\1\ Any 
documentation in UP's possession will be made available promptly to 
those requesting it. The applicant's entire case for discontinuance 
(case-in-chief) was filed with the application.

    \1\ The Line contains several segments of federally granted 
rights-of-way that are reversionary and that collectively account 
for approximately 50% of the property affected by the proposed 

    The Line has appeared on UP's system diagram map in category 1 
since July 7, 2003.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.)--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed discontinuance or protests (including the 
protestant's entire opposition case) by October 29, 2007. Because this 
is a discontinuance proceeding, and not an abandonment, trail use/rail 
banking and public use requests are not appropriate. Also, only offers 
of financial assistance (OFA) under 49 U.S.C. 10904 to subsidize (not 
purchase) the line will be entertained.
    Persons opposing the discontinuance who wish to participate 
actively and fully in the process should file a protest. Persons who 
oppose the discontinuance but who do not wish to participate fully in 
the process by submitting verified statements of witnesses containing 
detailed evidence should file comments. Persons seeking information 
concerning the filing of protests should refer to 49 CFR 1152.25.
    In addition, a commenting party, or protestant may provide: (i) An 
OFA to subsidize rail service under 49 U.S.C. 10904 (due 120 days after 
the application is filed or 10 days after the application is granted by 
the Board, whichever occurs sooner); and (ii) recommended provisions 
for protection of the interests of employees.
    The line sought to be discontinued will be available for subsidy 
for continued rail use, if the Board decides to permit the 
discontinuance, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,300 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy required to keep the line 
in operation. The carrier's representative to whom inquiries may be 
made concerning subsidy terms is set forth below.
    Any filing in response to this notice must refer to STB Docket No. 
AB-33 (Sub-No. 209) and must be submitted either via the Board's e-
filing format or in the traditional paper format. Any person using e-
filing should attach a document and otherwise comply with the 
instructions found on the Board's Web site at http://www.stb.dot.gov at 
the ``E-FILING'' link. Any person submitting a filing in the 
traditional paper format should send an original and 10 paper copies of 
the filing (and also an electronic version) with a certificate of

[[Page 56829]]

service to: Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001. In addition, one copy of each filing in this 
proceeding must be sent (and may be sent by e-mail only if service by 
e-mail is acceptable to the recipient) to: Mack H. Shumate, Jr., Senior 
General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. 
Except as otherwise set forth in part 1152, every document filed with 
the Board must be served on all parties to the discontinuance 
proceeding. 49 CFR 1104.12(a).
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Services at (202) 
245-0230 or refer to the full abandonment and discontinuance 
regulations at 49 CFR part 1152. Questions concerning environmental 
issues may be directed to the Board's Section of Environmental Analysis 
(SEA) at (202) 245-0305. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
    SEA has determined that this action is exempt from environmental 
reporting requirements under 49 CFR 1105.6(c) and from historic 
reporting requirements under 49 CFR 1105.8. Consequently, SEA concludes 
that this action does not require the preparation of an environmental 
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 27, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Vernon A. Williams,
 [FR Doc. E7-19504 Filed 10-3-07; 8:45 am]