Daily Rules, Proposed Rules, and Notices of the Federal Government
Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR part 1152 subpart F-
UP originally filed its notice of exemption on June 27, 2012. In a decision served on July 26, 2012, at UP's request, the Board held in abeyance the publication of the notice in the
In a decision served on October 18, 2012, in this docket, the Board granted UP's petition and exempted the proposed abandonment from the provisions of 10904 and 10905.
According to UP, the entire Boulder Industrial Lead, including the 23.90-mile right-of-way over which UP is seeking to abandon its freight operating easement, along with the Lead's trackage, structures, and bridges, was sold to the Denver Regional Transportation District (RTD) in June 2009.
UP has certified that: (1) No local traffic has moved over the line for at least two years; (2) there is no overhead traffic on 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 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
This exemption will be effective on November 22, 2012, unless stayed pending reconsideration. Petitions to stay must be filed by November 2, 2012, and petitions to reopen must be filed by November 13, 2012, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606.
If the verified notice contains false or misleading information, the exemption is void
The Board's Office of Environmental Analysis (OEA) served an environmental assessment (EA) in this proceeding on July 20, 2012, requesting comments by August 6, 2012. In the EA, OEA recommended that the Board not impose environmental conditions on any decision granting abandonment authority. No comments to the EA were filed by the August 6, 2012 due date. Therefore, no conditions will be imposed. Because no environmental or historic preservation issues have been raised by any party or identified by OEA, a Finding of No Significant Impact under 49 CFR 1105.10(g) is made pursuant to 49 CFR 1011.7(a)(2)(ix).
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 October 23, 2013, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
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