2011-27679. DesertXpress Enterprises, LLC and DesertXpress HSR Corporation-Construction and Operation Exemption-in Victorville, CA and Las Vegas, NV

AGENCY:

Surface Transportation Board, DOT.

ACTION:

Notice of construction and operation exemption.

SUMMARY:

The Board grants an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for DesertXpress Enterprises, LLC and its subsidiary (DXE) to build and operate a 190-mile rail line between Victorville, Cal. and Las Vegas, Nev., in order to provide high-speed passenger rail service. This exemption is subject to environmental mitigation conditions and the condition that DXE build the route designated as environmentally preferable.

DATES:

The exemption will be effective on November 25, 2011; petitions to reopen must be filed by November 15, 2011.

ADDRESSES:

An original and 10 copies of all pleadings, referring to Docket No. FD 35544, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of all pleadings must be served on petitioner's representative: Linda J. Morgan, Nossaman LLP, 1666 K Street, NW., Suite 500, Washington, DC 20006.

Copies of filings will be available for viewing at the Board's Web site.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar at 202-245-0395. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Additional information is contained in the Board's decision, which is available on our Web site at: “http://www.stb.dot.gov”.

Decided: October 20, 2011.

By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey.

Jeffrey Herzig,

Clearance Clerk.