[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77183-77184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31386]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 309X);
Docket No. AB 980 (Sub-No. 2X)]
Union Pacific Railroad Company--Abandonment of Freight Easement
Exemption--in Alameda County, Cal. (San Jose Industrial Lead); Santa
Clara Valley Transportation Authority--Abandonment of Residual Common
Carrier Obligation Exemption--in Alameda County, Cal. (San Jose
Industrial Lead)
On December 12, 2012, Union Pacific Railroad Company (UP) and Santa
Clara Valley Transportation Authority (SCVTA) 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 SCVTA, the owner of the
line, to abandon its residual common carrier obligation for, a portion
of the San Jose Industrial Lead between mileposts 5.38 and 7.35 near
the Warm Springs freight rail station in the City of Fremont, a
distance of 1.97 miles, in Alameda County, Cal. Petitioners state that
the involved segment of rail line is contiguous to the segment between
mileposts 7.35 and 16.30 in Alameda and Santa Clara Counties, Cal., for
which the Board granted abandonment authority in July 2012.\1\ The line
traverses United States Postal Service Zip Codes 94538 and 94539.
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\1\ See Union Pac. R.R.--Aban. of Freight Easement--in Alameda
and Santa Clara Cntys. Cal., AB 33 (Sub-No. 303X) and Santa Clara
Valley Transp. Auth.--Aban. of Common Carrier Service--in Alameda
and Santa Clara Counties, Cal., AB 980 (Sub-No. 1X) (STB served July
23, 2012).
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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) provisions) 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. Petitioners
assert that the right-of-way is thus needed for a valid public purpose
and that there is no overriding public need for continued freight rail
service. These requests will be addressed in the final decision.
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 April 1, 2013.
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 $1,600 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 January 22, 2013. 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. 309X) and AB 980 (Sub-No. 2X) 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 Allison I.
Fultz, 1001 Connecticut Ave. NW., Suite 800, Washington, DC 20036
(SCVTA). Replies to the petition are due on or before January 22, 2013.
[[Page 77184]]
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: December 21, 2012.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-31386 Filed 12-28-12; 8:45 am]
BILLING CODE 4915-01-P