[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Page 61435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23137]



[[Page 61435]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-812X]


Stockton Terminal and Eastern Railroad--Abandonment Exemption--in 
San Joaquin County, CA

    Stockton Terminal and Eastern Railroad (STE) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 3,600 feet of rail line extending from the west edge of 
North Duncan Road to the end of the line near North Wall Road, in 
Linden, San Joaquin County, CA. The line traverses United States Postal 
Service Zip Code 95236.
    STE has certified that: (1) No local traffic has moved over the 
line for at least 2 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 over the line 
either is pending with the 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 November 
17, 2004, 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),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by October 28, 2004. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by November 8, 2004, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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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 (SEA) 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\ Effective October 31, 2004, the filing fee for an OFA will 
increase to $1,200. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services--2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
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    A copy of any petition filed with the Board should be sent to STE's 
representative: Thomas F. McFarland, 208 South LaSalle St., Suite 1890, 
Chicago, IL 60604-1112.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    STE has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by October 22, 2004. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling SEA, at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
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 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), STE 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 STE's filing of a notice of 
consummation by October 18, 2005, 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 http://www.stb.dot.gov.

    Decided: October 8, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 04-23137 Filed 10-15-04; 8:45 am]
BILLING CODE 4915-01-P