[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
