Union Pacific Railroad CompanyAbandonment Exemptionin Contra Costa County, CA

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 108X)]

Union Pacific Railroad Company--Abandonment Exemption--in Contra

Costa County, CA

Union Pacific Railroad Company (UP) has filed a notice of exemption

under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of

Service and Trackage Rights to abandon and discontinue service over a

1.845-mile portion of its line of railroad known as the Port Chicago

Industrial Lead from the end of the line at milepost 37.06 near Clyde,

to milepost 38.905 near Port Chicago, in Contra Costa County, CA.

UP has certified that: (1) No local traffic has moved over the line

for at least 2 years; (2) there is no overhead traffic moving over the

line; (3) no formal complaint filed by a user of rail service on the

line (or 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 Surface Transportation Board (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

reports), 49 CFR 1105.8 (historic reports), 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.

As a condition to this exemption, any employee adversely affected

by the abandonment shall be protected under Oregon Short Line R. Co.--

Abandonment--Goshen, 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) has been received, this exemption will be

effective on April 10, 1997, unless stayed pending reconsideration.

Petitions to stay that do not involve environmental issues,1

formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),

and trail use/rail banking requests under 49 CFR 1152.29 2 must be

filed by March 21, 1997. Petitions to reopen or requests for public use

conditions under 49 CFR 1152.28 must be filed by March 31, 1997, with:

Office of the Secretary, Case Control Unit, Surface Transportation

Board, 1925 K Street, NW., Washington, DC 20423.3

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\1\ 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 in its independent investigation)

cannot be made before the exemption's effective date. See Exemption

of Out-of-Service Rail Lines, 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.

\2\ The Board will accept late-filed trail use requests as long

as the abandonment has not been consummated and the abandoning

railroad is willing to negotiate an agreement.

\3\ The Board is scheduled to relocate to the K Street address

on March 16, 1997.

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A copy of any petition filed with the Board should be sent to

applicant's representative: Joseph D. Anthofer, General Attorney, Union

Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179.

If the verified notice contains false or misleading information,

the exemption is void ab initio.

UP has filed an environmental report which addresses the

abandonment's effects, if any, on the environment and historic

resources. The Section of Environmental Analysis (SEA) will issue an

environmental assessment (EA) by March 19, 1997.4 Interested

persons may obtain a copy of the EA by writing to SEA (Room 500,

Surface Transportation Board, Washington, DC 20423) or by calling SEA,

at (202) 565-1545. Comments on environmental and historic preservation

matters must be filed within 15 days after the EA becomes available to

the public.

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\4\ SEA would normally issue its EA 5 days after publication of

the notice in the Federal Register. However, due to the Board's

scheduled relocation on March 16, 1997, the EA in this proceeding

will be issued on March 19, 1997.

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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 March

11, 1998, and there are no legal or regulatory barriers to

consummation, the authority to abandon will automatically expire.

Decided: March 4, 1997.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97-6031 Filed 3-10-97; 8:45 am]

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