[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Page 24561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9815]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 303X); Docket No. AB 980 (Sub-No. 1X)]


Union Pacific Railroad Company--Abandonment of Freight Easement 
Exemption--in Alameda and Santa Clara Counties, CA (San Jose Industrial 
Lead); Santa Clara Valley Transportation Authority--Abandonment of 
Residual Common Carrier Obligation Exemption--in Alameda and Santa 
Clara Counties, CA (San Jose Industrial Lead)

    On April 4, 2012, Union Pacific Railroad Company (UP) and Santa 
Clara Valley Transportation Authority (VTA) jointly filed with the 
Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 for UP to abandon 
its freight operating easement on, and for VTA, the owner of the line, 
to abandon its residual common carrier obligation for, a portion of the 
San Jose Industrial Lead between milepost 7.35 near Warm Springs and 
milepost 16.30 near San Jose, a distance of 8.95 miles, in Alameda and 
Santa Clara Counties, CA \1\ The line traverses United States Postal 
Service Zip Codes 95116, 95122, 95112, 95133 and 94533.
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    \1\ According to petitioners, VTA purchased the line from UP in 
December 2002, with UP retaining an operating easement. See Santa 
Clara Valley Transp. Auth.--Acquisition Exemption--Union Pac. R.R., 
FD 34292 (STB served Dec. 26, 2002, and Apr. 30, 2003).
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    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
petitioners seek an exemption from 49 U.S.C. 10904 (offer of financial 
assistance (OFA) procedures) and 49 U.S.C. 10905 (public use 
provisions). In support, petitioners state that the line is to be 
abandoned for freight rail service, but will be retained and rebuilt 
for future inclusion in the Bay Area Rapid Transit System (BART). 
Petitioners assert that the right-of-way is thus needed for a valid 
public purpose and that there is no other overriding public need for 
continued freight rail service.\2\ These requests will be addressed in 
the final decision.
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    \2\ Petitioners state that the two former shippers on the line, 
Clean Harbors San Jose LLC and Frank-Lin Distillers Products Ltd., 
have, pursuant to agreements with VTA, relocated and will continue 
to be rail served at their new locations.
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    According to petitioners, the line does not contain Federally 
granted rights-of-way. Any documentation in petitioners' possession 
will be made available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by July 23, 2012.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption. 
Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than May 14, 2012. Each trail use 
request must be accompanied by a $250 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to Docket Nos. AB 
33 (Sub-No. 303X) and AB 980 (Sub-No. 1X) and must be sent to: (1) 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001; and (2) petitioners' representatives, Mack H. Shumate, Jr., 101 
North Wacker Drive, Suite 1920, Chicago, IL 60606 (UP), and Charles A. 
Spitulnik, 1001 Connecticut Ave. NW., Suite 800, Washington, DC 20036 
(VTA). Replies to the petition are due on or before May 14, 2012.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: April 19, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-9815 Filed 4-23-12; 8:45 am]
BILLING CODE 4915-01-P