Notice2023-10873
Union Pacific Railroad Company-Abandonment Exemption-in Weber and Davis Counties, Utah
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 98 (Monday, May 22, 2023)</title>
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[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32814-32815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10873]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 351X)]
Union Pacific Railroad Company--Abandonment Exemption--in Weber
and Davis Counties, Utah
Union Pacific Railroad Company (UP) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon service over the portion of the Hill Field Industrial Lead
extending from milepost 0.6 to milepost 6.8, a total distance of 6.2
miles, in Weber and Davis Counties, Utah (the Line). The Line traverses
U.S. Postal Service Zip Codes 84405, 84067, 84015, and 84056.
UP has certified that: (1) no local freight traffic has moved over
the Line during the past two years; (2) no overhead traffic has moved
over the Line during the past two years, and therefore there is no need
to reroute any overhead traffic; (3) no formal complaint filed by a
user of rail service on the Line (or by a state or local government on
behalf of such user) regarding cessation of service over the Line is
pending with either the Surface Transportation Board (Board) or any
U.S. District Court or has been decided in favor of a complainant
within the two-year period; and (4) the requirements at 49 CFR
1105.7(b) and 1105.8(c) (notice of environmental and historic reports),
49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1)
(notice to government agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment 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) has been received,\1\ this exemption will be
effective on June 21, 2023, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by June 1, 2023.\3\ Petitions to reopen and requests for public
use conditions under 49 CFR 1152.28 must be filed by June 12, 2023.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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.
\3\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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All pleadings, referring to Docket No. AB 33 (Sub-No. 351X), must
be filed with the Surface Transportation Board either via e-filing on
the Board's website or in writing addressed to 395 E Street SW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on UP's representative, Whitney C. Larkin, 1400 Douglas Street
MS 1580, Omaha, NE 68179.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
UP has filed a combined environmental and historic report that
addresses the potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by May 26, 2023. The Draft EA will
be available to interested persons on the Board's website, by writing
to OEA, or by calling OEA at (202) 245-0294. If you require an
accommodation under the Americans with Disabilities Act, please call
(202) 245-0245. Comments on environmental or historic preservation
matters must be filed within 15 days after the Draft EA becomes
available to the public.
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
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consummation has not been effected by UP's filing of a notice of
consummation by May 22, 2024, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 17, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023-10873 Filed 5-19-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 22, 2023.
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