98-5301. San Joaquin Valley Railroad CompanyAbandonment Exemptionin Tulare and Kern Counties, CA  

  • [Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
    [Notices]
    [Page 10966]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-5301]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Surface Transportation Board
    [STB Docket No. AB-398 (Sub-No. 5X)]
    
    
    San Joaquin Valley Railroad Company--Abandonment Exemption--in 
    Tulare and Kern Counties, CA
    
        San Joaquin Valley Railroad Company (SJVR) has filed a notice of 
    exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
    9-mile line of its railroad between milepost 295.2 near Richgrove and 
    milepost 304.2 near Hollis in Tulare and Kern Counties, CA. The line 
    traverses United States Postal Service Zip Codes 93261 and 93250.
        SJVR has certified that: (1) No local traffic has moved over the 
    line for at least 2 years; (2) any overhead traffic on the line can be 
    rerouted over other lines; (3) no formal complaint filed by a user of 
    rail service on the line (or by a state or local government entity 
    acting on behalf of such user) regarding cessation of service over the 
    line either is pending with the Surface Transportation Board (Board) or 
    with any U.S. District Court or has been decided in favor of 
    complainant within the 2-year period; and (4) the requirements at 49 
    CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 
    49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper 
    publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
    agencies) have been met.
        As a condition to this exemption, any employee adversely affected 
    by the abandonment shall be protected under Oregon Short Line R. Co.--
    Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
    condition adequately protects affected employees, a petition for 
    partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no 
    formal expression of intent to file an offer of financial assistance 
    (OFA) has been received, this exemption will be effective on April 4, 
    1998, unless stayed pending reconsideration. Petitions to stay that do 
    not involve environmental issues,1 formal expressions of 
    intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail 
    use/rail banking requests under 49 CFR 1152.29 must be filed by March 
    16, 1998. Petitions to reopen or requests for public use conditions 
    under 49 CFR 1152.28 must be filed by March 25, 1998, with: Surface 
    Transportation Board, Office of the Secretary, Case Control Unit, 1925 
    K Street, N.W., Washington, DC 20423.
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        \1\ The Board will grant a stay if an informed decision on 
    environmental issues (whether raised by a party or by the Board's 
    Section of Environmental Analysis in its independent investigation) 
    cannot be made before the exemption's effective date. See Exemption 
    of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for 
    a stay should be filed as soon as possible so that the Board may 
    take appropriate action before the exemption's effective date.
        \2\ Each offer of financial assistance must be accompanied by 
    the filing fee, which currently is set at $900. See 49 CFR 
    1002.2(f)(25). This fee is scheduled to increase to $1000, effective 
    March 20, 1998.
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        A copy of any petition filed with the Board should be sent to 
    applicant's representative: Fritz R. Kahn, Suite 750 West, 1100 New 
    York Avenue, N.W., Washington, DC 20005-3934.
        If the verified notice contains false or misleading information, 
    the exemption is void ab initio.
        SJVR has filed an environmental report which addresses the 
    abandonment's effects, if any, on the environment and historic 
    resources. The Section of Environmental Analysis (SEA) will issue an 
    environmental assessment (EA) by March 10, 1998. Interested persons may 
    obtain a copy of the EA by writing to SEA (Room 500, Surface 
    Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
    565-1545. Comments on environmental and historic preservation matters 
    must be filed within 15 days after the EA becomes available to the 
    public.
        Environmental, historic preservation, public use, or trail use/rail 
    banking conditions will be imposed, where appropriate, in a subsequent 
    decision.
        Pursuant to the provisions of 49 CFR 1152.29(e)(2), SJVR shall file 
    a notice of consummation with the Board to signify that it has 
    exercised the authority granted and fully abandoned the line. If 
    consummation has not been effected by SJVR's filing of a notice of 
    consummation by March 5, 1999, and there are no legal or regulatory 
    barriers to consummation, the authority to abandon will automatically 
    expire.
    
        Decided: February 24, 1998.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 98-5301 Filed 3-4-98; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
03/05/1998
Department:
Surface Transportation Board
Entry Type:
Notice
Document Number:
98-5301
Pages:
10966-10966 (1 pages)
Docket Numbers:
STB Docket No. AB-398 (Sub-No. 5X)
PDF File:
98-5301.pdf