[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72782-72783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29668]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 323X)]


Union Pacific Railroad Company--Abandonment of Freight Easement--
in Adams County, Colo.

    On November 2, 2015, Union Pacific Railroad Company (UP) 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 to abandon 
an 8.57-mile freight rail operating easement over a portion of the 
Boulder Industrial Lead (Lead) extending from milepost 0.70 near 
Commerce City, Colo., to milepost 9.27 near Eastlake, Colo. (the Line), 
in Adams County, Colo. The Line traverses U.S. Postal Service Zip Codes 
80022, 80640, 80229, 80233, and 80241.
    According to UP, in June 2009, it sold the entire 32.97-mile Lead, 
right-of-way, trackage, and structures, including all bridges, from 
milepost 0.20 near Commerce City to milepost 33.17 near Valmont, to the 
Denver Regional Transportation District (RTD), a political subdivision 
of the State of Colorado. Reg'l Transp. Dist.--Acquis. Exemption--Union 
Pac. R.R. in Adams, Boulder, Broomfield, & Weld, Colo., FD 35252 (STB 
served June 29, 2010). UP retained an exclusive, perpetual freight 
easement over the entire Lead. UP states that following abandonment, 
the Line would continue to be owned by RTD and would be rebuilt for 
inclusion in RTD's integrated mass transit system known as FasTracks. 
UP points out that this is the same transit use as is planned for the 
western portion of the Lead, which was the subject matter of Union 
Pacific Railroad Co.--Abandonment Exemption--in Adams, Weld, & Boulder 
Counties, Colo., Docket No. AB 33 (Sub-No. 307X) (STB served Oct. 23, 
2012). Following consummation of the proposed abandonment, UP would 
retain its freight easement from milepost 0.20 to milepost 0.70 of the 
Lead.
    According to UP, only one customer located on the Line, Atlas 
Roofing Corporation (Atlas), has moved traffic over the Line within the 
past two years. The last Atlas shipment moved over the Line in February 
2015. UP states that RTD, Atlas, and Leroy Industries LLC (Leroy) (the 
owner of the facility Atlas leases for its operations) have entered 
into an agreement covering alternative transportation arrangements for 
service off the Line. UP states that it does not anticipate any need 
for future rail service on the Line to Atlas, Leroy, or any other 
potential customer and that the proposed abandonment will have no 
adverse effect on any shippers. UP notes that, in the agreement, Atlas 
and Leroy state that they do not object to and are willing to support 
the proposed abandonment.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
UP seeks an exemption from 49 U.S.C. 10904 (offer of financial 
assistance (OFA) procedures) and 49 U.S.C. 10905 (public use 
conditions) for reasons of overriding public need. In support, UP 
states that the right-of-way is needed for a valid public purpose by 
RTD for public passenger transportation purposes, and there is no other 
overriding public need for continued freight rail service on the 
Line.\1\ UP adds that the area the Lead served has shifted away from 
rail-oriented industries, and as a consequence, no new shippers are 
expected to locate on the Line. The request for exemption from Sec.  
10904 and Sec.  10905 will be addressed in the final decision.
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    \1\ According to UP, a transit line will use the former right-
of-way from milepost 1.15 to milepost 9.27.
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    According to UP, the Line does not contain federally granted 
rights-of-way. Any documentation in UP's 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 issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by February 19, 2016.
    Any OFA under 49 CFR 1152.27(b)(2) will be due by February 29, 
2016, or 10 days after service of a decision granting the petition for 
exemption, whichever occurs first. Each OFA must be accompanied by a 
$1,600 filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment, 
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 
December 10, 2015. Each trail use request must be accompanied by a $300 
filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
33 (Sub-No. 323X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Mack H. 
Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606. Replies to the petition are due on or before 
December 10, 2015.
    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 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 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 other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in 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: November 17, 2015.


[[Page 72783]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-29668 Filed 11-19-15; 8:45 am]
BILLING CODE 4915-01-P