[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Notices]
[Pages 52362-52363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24851]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-520]
Salt Lake City Railroad Company, Inc.--Adverse Abandonment--Line
of Utah Transit Authority in Salt Lake City, UT
On September 8, 1999, Utah Transit Authority (UTA) filed an adverse
application 1 under 49 U.S.C. 10903 requesting that the
Surface Transportation Board (Board) find that the public convenience
and necessity require or permit the abandonment by the Salt Lake City
Southern Railroad Company, Inc. (SLCS), of a rail line from milepost
798.74 at Ninth South Street in Salt Lake City to the milepost 775.19
at the Salt Lake County/Utah County boundary line near Mount (including
the 1.4-mile Lovendahl Spur connecting with the main line at milepost
790.52), a total distance of approximately 24.95 miles in Salt Lake
County, UT. The line traverses United States Postal Service ZIP Codes
84101, 84115, 84107, 84047, 84070, 84092 and 84020, and includes the
stations of Salt Lake City, Murray, Sandy, Draper and Mount, UT.
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\1\ An abandonment of a railroad's service sought by a party
other than the railroad is called an ``adverse'' abandonment.
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UTA states that it is filing the adverse application to remove the
Board's jurisdiction over SLCS's common carrier operations and
obligations. UTA says that it wants to replace SLCS with the Utah
Railway Company (URC) as the operator of its line. URC has filed a
notice of exemption to acquire and operate the line in Utah Railway
Company--Acquisition and Operation Exemption--Lines of Utah Transit
Authority in Salt Lake City, UT, STB Finance Docket No. 33785 (STB
served Aug. 30, 1999) (64 FR 47229).
UTA, a noncarrier, acquired the underlying right-of-way and track
from the Union Pacific Railroad Company. See Utah Transit Authority--
Acquisition Exemption--Line of Union Pacific Railroad Company, Finance
Docket No. 32186 (ICC served Dec. 31, 1992). UTA is apparently using
the line for light rail passenger service. SLCS is operating freight
service on the line under a permanent easement. See Salt Lake City
Southern Railroad Company, Inc--Acquisition and Operation Exemption--
Line Between Mount and Salt Lake City, UT, Finance Docket No. 32276
(ICC served Apr. 23, 1993).
In a decision served in this proceeding on August 26, 1999, UTA was
granted a waiver of some of the filing requirements of 49 CFR 1152 that
were not relevant to its intended adverse abandonment application.
However, UTA was required to provide information about the physical
condition of the line.
The August 26 decision also noted that the continued viability of
freight service would be a relevant issue in this abandonment
proceeding. It was also indicated that the Board would be concerned if
the common carrier obligation for continued freight service would be
impeded by light rail passenger service or by any restrictions or
limitations UTA has allegedly placed on freight operations. As a
result, UTA was required to provide information in its application
about how its light rail service affects freight service to shippers.
UTA was also granted a waiver of the environmental regulations in
49 CFR 1105.6(c)(6) and 1105.8(b)(3) because freight operation would be
continued on the line by URC. The decision noted that, even though the
proceeding is an abandonment of the line because SLCS holds a permanent
easement to operate the line, environmental and historic reporting
requirements would indeed be unnecessary for the adverse abandonment
application if rail service will be continued by another operator.
In an application by a third party for a determination that the
public convenience and necessity permit a line to be discontinued or
abandoned, the issue before the Board is whether the public interest
requires that the line in question be retained as part of the national
rail system. By granting a third party application, the Board withdraws
its primary jurisdiction over the line. Questions of the disposition of
the line, including the adjudication of various claims of ownership or
other rights and obligations, are left to the state or local
authorities. Kansas City Pub. Ser. Frgt. Operation--Exempt.--Aban., 7
I.C.C.2d 216, 224-25 (1990).
UTA has served notice of its application on shippers served by the
line. Shippers can individually submit protests or comments on the
proposal that will be considered by the Board in
[[Page 52363]]
ruling on the merits of the adverse abandonment application.
There is no indication that the line contains any federally granted
right-of-way. Any documentation in the UTA's possession will be made
available promptly to those requesting it. UTA's entire case for
adverse abandonment was filed with the application.
The interest of affected railroad employees will be protected by
the conditions set forth in Oregon Short Line R. Co.--Abandonment--
Goshen, 360 I.C.C. 91 (1979).
Any interested person may file written comments concerning the
proposed adverse abandonment or protests (including the protestant's
entire opposition case), by October 25, 1999. Because this adverse
abandonment is the functional equivalent of a discontinuance of
trackage rights where rail service would be continued by another
operator, trail use/rail banking, and public use requests are not
appropriate, and the public interest does not require the consideration
of offers of financial assistance. Likewise, no environmental or
historical documents are required here.
Persons opposing the proposed adverse abandonment who wish to
participate actively and fully in the process should file a protest by
October 25, 1999. Persons who may oppose the abandonment but who do not
wish to participate fully in the process by submitting verified
statements of witnesses containing detailed evidence should file
comments by October 25, 1999. Parties seeking information concerning
the filing of protests should refer to section 1152.25. The due date
for UTA's reply is November 8, 1999.
All filings in response to this notice must refer to STB Docket No.
AB-520 and must be sent to (1) Surface Transportation Board, Office of
the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC
20423-0001 and (2) Kevin M. Sheys, Oppenheimer, Wolff, Donnelly & Bayh,
LLP, 1350 I Street, NW, Suite 200, Washington, DC 20005-3324. The
original and 10 copies of all comments or protests shall be filed with
the Board with a certificate of service. Except as otherwise set forth
in part 1152, every document filed with the Board must be served on all
parties to the abandonment proceeding. 49 CFR 1104.12(a).
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 regulations at 49 CFR part
1152.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Decided: September 16, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-24851 Filed 9-27-99; 8:45 am]
BILLING CODE 4915-00-P
