[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Notices]
[Pages 35513-35514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15076]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 285X)]


Union Pacific Railroad Company-Abandonment Exemption-in Yakima 
County, Wash.

    Union Pacific Railroad Company (UP) filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.45-mile 
line of railroad, on the Yakima Industrial Lead, from milepost 57.30 to 
milepost 58.75 near Grandview, in Yakima County, Wash.\1\ The line 
traverses United States Postal Service Zip Code 98930.
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    \1\ The notice of exemption was filed on June 2, 2010 and 
supplemented on June 4, 2010 by the inclusion of ``Attachment 1'' to 
Exhibit 2.
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    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 
filed 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 report), 49 CFR 1105.8 (historic 
report), 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.
    In its notice, UP states that it granted the Washington Central 
Railroad Company (WC) local trackage rights over the line. With UP's 
concurrence, WC sold the trackage rights it had over the line to BNSF 
Railway Company (BNSF). BNSF, in turn, assigned these rights to the 
Central Washington Railroad Company (CWRR). See Central Wash. R.R.--
Lease and Operation Exemption--BNSF Railway Co., Docket No. FD 34640 
(STB served Jan. 21, 2005). UP states that it expects that BNSF and 
CWRR will make a separate filing with the Board to discontinue 
applicable trackage rights over the line. In light of the existing 
trackage rights, it would be premature for UP to consummate the 
abandonment while the trackage rights remain in effect.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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.

[[Page 35514]]

    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on or after July 22, 2010, 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 
Sec.  1152.27(c)(2),\3\ and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by July 2, 2010. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 12, 2010, with: Surface Transportation Board, 395 E Street, 
SW., Washington, DC 20423-0001.
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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 et al., 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 $1,500. See 49 CFR 1002.2(f)(25).
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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, 101 
North Wacker Drive, Suite 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by June 25, 2010. 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 June 
22, 2011, 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.gov.''

    Decided: June 17, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-15076 Filed 6-21-10; 8:45 am]
BILLING CODE 4915-01-P