SPI Abandonment Exemption Docket
Full Text of Decision
36794
SERVICE DATE - MARCH 6, 2006
DO
SURFACE TRANSPORTATION BOARD
DECISION
STB Docket No. AB-512X
SIERRA PACIFIC INDUSTRIES -ABANDONMENT EXEMPTION- IN AMADOR COUNTY, CA
Decided: March 3, 2006
By decision served on February 25, 2005, the Board, under 49 U.S.C.
10502,
exempted from the prior approval requirements of 49 U.S.C. 10903 the
abandonment by Sierra Pacific Industries, Inc. (SPI) of a line of
railroad
extending from milepost 0.0 at Ione to milepost 12.0 at Martell, in
Amador
County, CA.[1] The Board made the exemption subject to public use
trail
use, and environmental conditions. SPI submitted a consummation
notice on
February 16, 2006.[2]
By letter filed on February 28, 2006, SPI seeks to withdraw its
consummation
notice. SPI notes that, among the conditions that were imposed, SPI
was
required to retain its interest in and take no steps to alter the
historic
integrity of all sites and structures on the right-of-way that are 50
years
old or older until completion of the section 106 process of the
National
Historic Preservation Act, 16 U.S.C. 470f. SPI explains that it
mistakenly
filed the notice without having fulfilled the historic preservation
condition. SPI assures the Board that it will comply with the
historic
preservation condition and not attempt to consummate the abandonment
before
the condition has been satisfied and removed by the agency.
The Board's regulations at 49 CFR 1152.29(e)(2) require the filing of
a
notice of consummation within 1 year from the service date of the
decision
authorizing abandonment, but only if there are no legal or regulatory
barriers to consummation. The existence of an unsatisfied historic
preservation condition constitutes such a barrier. In that case, the
Board's
regulations provide that the time to consummate the abandonment and
file a
notice of consummation extends until 60 days after the satisfaction,
expiration, or removal of the condition. Because the historic
preservation
condition here has not been satisfied, SPI's request to withdraw the
consummation letter will be granted.
This decision will not significantly affect either the quality of the
human
environment or the conservation of energy resources.
It is ordered:
1. The request of SPI to withdraw the consummation letter is granted.
2. This decision is effective on its date of service.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary
-----
[1] In the same decision, the Board also granted an exemption for
SierraPine to discontinue service over the line in
SierraPine -Discontinuance Exemption- In Amador County, CA, STB
Docket No.
AB-880X (STB served Feb. 25, 2005).
[2] While SierraPine joined in this filing, only the carrier that
has
received abandonment authority is subject to the requirement for
filing a
notice of consummation. See 49 CFR 1152.29(e)(2).
