81 FR 39995 - Union Pacific Railroad Company-Abandonment Exemption-in Alameda County, Cal.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range		39995-39996
FR Document		2016-14469
Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39995-39996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14469]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 326X)]


Union Pacific Railroad Company--Abandonment Exemption--in Alameda 
County, Cal.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon all of its remaining trackage on Alameda Island in Alameda 
County, Cal. (the Line). The Line totals approximately 4.3 miles and 
consists of five rail segments: (1) UP's Alameda Industrial Lead, from 
milepost 10.0 near Fruitvale to milepost 10.4 near Lincoln Jct.; (2) 
the Alameda Industrial Lead from milepost 16.0 near Mastic Jct. to 
milepost 18.2 near West Alameda; (3) the former South Pacific Coast 
Railway mainline from milepost 5.0 at West Alameda to milepost 6.1 at 
Pacific Jct.; (4) the connection between the Alameda Industrial Lead at 
milepost 18.0 and South Pacific Coast milepost 5.4 near West Alameda; 
and (5) track #7, the connection between the Alameda Belt Line near St. 
Charles Avenue and the Alameda Industrial Lead at its milepost 16.5 
near Constitution Way. The Line also includes all other UP ancillary, 
industrial, switching, siding, and spur trackage on Alameda Island and 
traverses United States Postal Service Zip Codes 94501 and 94601.\1\
---------------------------------------------------------------------------

    \1\ In its combined environmental and historic report, UP notes 
that because the Line was used in electric interurban service from 
1911 to 1940, it appeared to have been reclassified by then-owner 
Southern Pacific Railroad and viewed as an unregulated switching 
spur. UP views the Line as potentially falling under STB 
jurisdiction and is seeking exempt abandonment authority to clarify 
the record with regard to the Line.
---------------------------------------------------------------------------

    UP has certified that: (1) No local traffic has moved over the Line 
for at least two years; (2) no overhead traffic has moved over the Line 
for at least two years and, therefore, there is no need to reroute any 
traffic; (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

[[Page 39996]]

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 1105.7(c) (environmental report), 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 
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, this exemption will 
become effective on July 20, 2016, 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),\3\ and interim trail use/rail banking requests under 49 
CFR 1152.29 must be filed by June 30, 2016. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 11, 2016, with the Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    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.
    UP has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by June 24, 2016. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (800) 877-8339. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    Environmental, historic preservation, public use, or interim trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.
    Pursuant to 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 June 20, 
2017, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: June 15, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-14469 Filed 6-17-16; 8:45 am]
 BILLING CODE 4915-01-P
39996 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

with any U.S. District Court or has been available through the Federal This action is categorically excluded
decided in favor of complainant within Information Relay Service at (800) 877– from environmental review under 49
the two-year period; and (4) the 8339. Comments on environmental and CFR 1105.6(c).
requirements at 49 CFR 1105.7(c) historic preservation matters must be By the Board, Chairman Elliott, Vice
(environmental report), 49 CFR 1105.11 filed within 15 days after the EA Chairman Miller, and Commisioner
(transmittal letter), 49 CFR 1105.12 becomes available to the public. Begeman.
(newspaper publication), and 49 CFR Environmental, historic preservation, Decided: June 14, 2016.
1152.50(d)(1) (notice to governmental public use, or interim trail use/rail Raina Contee,
agencies) have been met. banking conditions will be imposed, Clearance Clerk.
As a condition to this exemption, any where appropriate, in a subsequent
[FR Doc. 2016–14508 Filed 6–17–16; 8:45 am]
employee adversely affected by the decision.
abandonment shall be protected under BILLING CODE 4915–01–P
Pursuant to 49 CFR 1152.29(e)(2), UP
Oregon Short Line Railroad— shall file a notice of consummation with
Abandonment Portion Goshen Branch the Board to signify that it has exercised
Between Firth & Ammon, in Bingham & the authority granted and fully DEPARTMENT OF TRANSPORTATION
Bonneville Counties, Idaho, 360 I.C.C. abandoned the Line. If consummation
91 (1979). To address whether this Federal Aviation Administration
has not been effected by UP’s filing of
condition adequately protects affected a notice of consummation by June 20, [Summary Notice No. 2016–71]
employees, a petition for partial 2017, and there are no legal or
revocation under 49 U.S.C. 10502(d) regulatory barriers to consummation, Petition for Exemption; Summary of
must be filed. the authority to abandon will Petition Received; Florida Air
Provided no formal expression of automatically expire. Transport Inc.
intent to file an offer of financial Board decisions and notices are AGENCY: Federal Aviation
assistance (OFA) has been received, this available on our Web site at Administration (FAA), DOT.
exemption will become effective on July ‘‘WWW.STB.DOT.GOV.’’ ACTION: Notice.
20, 2016, unless stayed pending
Decided: June 15, 2016.
reconsideration. Petitions to stay that do SUMMARY: This notice contains a
not involve environmental issues,2 By the Board, Rachel D. Campbell,
Director, Office of Proceedings. summary of a petition seeking relief
formal expressions of intent to file an from specified requirements of title 14
OFA under 49 CFR 1152.27(c)(2),3 and Raina S. Contee,
of the Code of Federal Regulations. The
interim trail use/rail banking requests Clearance Clerk.
purpose of this notice is to improve the
under 49 CFR 1152.29 must be filed by [FR Doc. 2016–14469 Filed 6–17–16; 8:45 am]
public’s awareness of, and participation
June 30, 2016. Petitions to reopen or BILLING CODE 4915–01–P
in, the FAA’s exemption process.
requests for public use conditions under Neither publication of this notice nor
49 CFR 1152.28 must be filed by July 11, the inclusion or omission of information
2016, with the Surface Transportation SURFACE TRANSPORTATION BOARD
in the summary is intended to affect the
Board, 395 E Street SW., Washington, legal status of the petition or its final
[Docket No. EP 290 (Sub-No. 5) (2016–3)]
DC 20423–0001. disposition.
A copy of any petition filed with the Quarterly Rail Cost Adjustment Factor
Board should be sent to UP’s DATES: Comments on this petition must
representative: Jeremy M. Berman, 1400 AGENCY: Surface Transportation Board. identify the petition docket number and
Douglas St., #1580, Omaha, NE 68179. must be received on or before July 11,
ACTION: Approval of rail cost adjustment
If the verified notice contains false or 2016.
factor.
misleading information, the exemption ADDRESSES: Send comments identified
is void ab initio. SUMMARY: The Board has approved the by docket number FAA–2016–6698
UP has filed a combined third quarter 2016 Rail Cost Adjustment using any of the following methods:
environmental and historic report that Factor (RCAF) and cost index filed by • Federal eRulemaking Portal: Go to
addresses the effects, if any, of the the Association of American Railroads. http://www.regulations.gov and follow
abandonment on the environment and The third quarter 2016 RCAF the online instructions for sending your
historic resources. OEA will issue an (Unadjusted) is 0.842. The third quarter comments electronically.
environmental assessment (EA) by June 2016 RCAF (Adjusted) is 0.356. The • Mail: Send comments to Docket
24, 2016. Interested persons may obtain third quarter 2016 RCAF–5 is 0.337. Operations, M–30; U.S. Department of
a copy of the EA by writing to OEA DATES: Effective Date: July 1, 2016.
Transportation (DOT), 1200 New Jersey
(Room 1100, Surface Transportation Avenue SE., Room W12–140, West
FOR FURTHER INFORMATION CONTACT:
Board, Washington, DC 20423–0001) or Building, Ground Floor, Washington,
Pedro Ramirez, (202) 245–0333. Federal DC 20590–0001.
by calling OEA at (202) 245–0305.
Information Relay Service (FIRS) for the • Hand Delivery or Courier: Take
Assistance for the hearing impaired is
hearing impaired: (800) 877–8339. comments to Docket Operations in
2 The Board will grant a stay if an informed SUPPLEMENTARY INFORMATION: Room W12–140 of the West Building,
decision on environmental issues (whether raised Additional information is contained in Ground Floor at 1200 New Jersey
by a party or by the Board’s Office of Environmental the Board’s decision, which is available
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Avenue SE., Washington, DC, between
Analysis (OEA) in its independent investigation) on our Web site, http://www.stb.dot.gov.
cannot be made before the exemption’s effective
9 a.m. and 5 p.m., Monday through
date. See Exemption of Out-of-Serv. Rail Lines, 5 Copies of the decision may be Friday, except Federal holidays.
I.C.C. 2d 377 (1989). Any request for a stay should purchased by contacting the Office of • Fax: Fax comments to Docket
be filed as soon as possible so that the Board may Public Assistance, Governmental Operations at 202–493–2251.
take appropriate action before the exemption’s Affairs, and Compliance at (202) 245– Privacy: In accordance with 5 U.S.C.
effective date.
3 Each OFA must be accompanied by the filing 0238. Assistance for the hearing 553(c), DOT solicits comments from the
fee, which is currently set at $1,600. See 49 CFR impaired is available through FIRS at public to better inform its rulemaking
1002.2(f)(25). (800) 877–8339. process. DOT posts these comments,

VerDate Sep<11>2014 17:05 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1
Document Created: 2016-06-18 00:09:22
Document Modified: 2016-06-18 00:09:22
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 39995