SPI Abandonment Exemption Docket
Full Text of Decision
SERVICE DATE - MARCH 6, 2006
SURFACE TRANSPORTATION BOARD
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.
exempted from the prior approval requirements of 49 U.S.C. 10903 the
abandonment by Sierra Pacific Industries, Inc. (SPI) of a line of
extending from milepost 0.0 at Ione to milepost 12.0 at Martell, in
County, CA. The Board made the exemption subject to public use
use, and environmental conditions. SPI submitted a consummation
February 16, 2006.
By letter filed on February 28, 2006, SPI seeks to withdraw its
notice. SPI notes that, among the conditions that were imposed, SPI
required to retain its interest in and take no steps to alter the
integrity of all sites and structures on the right-of-way that are 50
old or older until completion of the section 106 process of the
Historic Preservation Act, 16 U.S.C. 470f. SPI explains that it
filed the notice without having fulfilled the historic preservation
condition. SPI assures the Board that it will comply with the
preservation condition and not attempt to consummate the abandonment
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
notice of consummation within 1 year from the service date of the
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
regulations provide that the time to consummate the abandonment and
notice of consummation extends until 60 days after the satisfaction,
expiration, or removal of the condition. Because the historic
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
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
 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
AB-880X (STB served Feb. 25, 2005).
 While SierraPine joined in this filing, only the carrier that
received abandonment authority is subject to the requirement for
notice of consummation. See 49 CFR 1152.29(e)(2).