[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Notices]
[Page 9928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03662]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 317X)]


Union Pacific Railroad Company--Discontinuance of Service 
Exemption--in Yuba County, CA

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a portion of the 
Pearson Industrial Lead between milepost 134.39 near Cleveland, CA, and 
milepost 133.29 near Alicia, CA, a total distance of 1.1 miles in Yuba 
County, CA (the Line). The Line traverses United States Postal Service 
Zip Codes 95961 and 95901.
    UP has certified that no local or overhead traffic has moved over 
the Line for at least two years and that 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 pending either with the Surface Transportation 
Board (Board) or any U.S. District Court or has been decided in favor 
of complainant within the two-year period. UP further has certified 
that the requirements of 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 discontinuance of service 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.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will be effective on March 25, 2014, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \1\ must be 
filed by March 3, 2014.\2\ Petitions to reopen must be filed by March 
13, 2014, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because UP is seeking to discontinue service, not to abandon 
the line, trail use/rail banking and public use conditions are not 
appropriate. Likewise, no environmental or historical documentation 
is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Jeremy M. Berman, Assistant General Attorney, 1400 
Douglas Street, STOP 1580, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: February 14, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-03662 Filed 2-20-14; 8:45 am]
BILLING CODE 4915-01-P