81 FR 39314 - Union Pacific Railroad Company-Discontinuance of Trackage Rights Exemption-in Pierce County, Wash.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 116 (June 16, 2016)

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Page 39314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14275]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 331X)]


Union Pacific Railroad Company--Discontinuance of Trackage Rights 
Exemption--in Pierce County, Wash.

    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 approximately 0.6 miles of 
overhead trackage rights over a line of railroad of BNSF Railway 
Company (BNSF), between ``Bullfrog Junction'' near BNSF's Puyalloy 
River Bridge 8.78 and the point of connection with BNSF's Seattle 
Division main line at River Street Interlocking, BNSF milepost 38.94X, 
in Tacoma, Wash. (the Line).\1\ The Line traverses United States Postal 
Service Zip Code 98421.
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    \1\ UP was granted trackage rights over the Line in Union Pac. 
R.R.--Trackage Rights Exemption--BNSF Ry., FD 34881 (STB served June 
20, 2006). UP states that BNSF terminated the trackage rights 
agreement effective May 30, 2016.
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    UP has certified that (1) no local traffic has moved over the Line 
for at least two years; (2) any overhead traffic can be rerouted over 
other lines; (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 on the Line is pending either 
with the Board or with any U.S. District Court or has been decided in 
favor of complainant within the two-year period; and (4) the 
requirements at 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 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 July 16, 2016, 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) \2\ must be 
filed by June 27, 2016.\3\ Petitions to reopen must be filed by July 6, 
2016, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinued proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during abandonment, this discontinuance does 
not require an environmental review.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Jeremy M. Berman, 1400 Douglas St., #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: June 13, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-14275 Filed 6-15-16; 8:45 am]
 BILLING CODE 4915-01-P