On August 10, 2004, Union Pacific Railroad Company (UP) filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon and discontinue service over a portion of the line, known as the San Jose Industrial Lead, extending from milepost 16.3 to milepost 19.6, for a distance of 3.3 miles, in Santa Clara County, CA. The line traverses U.S. Postal Service Zip Codes 95112, 95116, and 95122, and it includes the station of San Jose.
The line does not contain federally granted rights-of-way. Any documentation in UP's possession will be made available promptly to those requesting it.
The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979).
By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by November 26, 2004.
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,100 filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than September 20, 2004. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27).
All filings in response to this notice must refer to STB Docket No. AB-33 (Sub-No. 221X) and must be sent to: (1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. Replies to the petition are due on or before September 20, 2004.
Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Services at (202) 565-1592 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis (SEA) at (202) 565-1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings Start Printed Page 52961normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.Start Signature
Decided: August 24, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
1. The portion of the line from milepost 16.30 to milepost 17.49 is owned by the Santa Clara Valley Transportation Authority. UP is proposing to discontinue its trackage rights and abandon its freight easement over this segment. The portion of the line from milepost 17.49 to milepost 19.60 is owned and operated by UP. UP is proposing to abandon this segment.Back to Citation
[FR Doc. 04-19695 Filed 8-27-04; 8:45 am]
BILLING CODE 4915-01-P