[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Pages 76521-76522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27857]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-398 (Sub-No. 9X)]


San Joaquin Valley Railroad Company--Discontinuance Exemption--in 
Kern County, CA

[STB Docket No. AB-170 (Sub-No. 1X)]

Sunset Railway Company--Abandonment Exemption--in Kern County, CA

    Sunset Railway Company (SRY) and San Joaquin Valley Railroad 
Company (SJVR) (collectively, applicants) have filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service \1\ for SRY to abandon and for SJVR to 
discontinue service over a 16.3-mile line of railroad, known as the 
Sunset Subdivision, extending between west of Levee, milepost 20.0, and 
Taft, milepost 36.3, in Kern County, CA. The line traverses United 
States Postal Service Zip Code 93268.
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    \1\ The verified notice of exemption was received by the Board 
on November 19, 2004, but was not docketed as filed until November 
24, 2004, when the filing fee for SRY was received. Applicants did 
not include a consummation date in the notice. However, by letter 
filed on November 30, 2004, applicants indicated a consummation date 
of January 13, 2005. By letter filed on December 1, 2004, applicants 
requested to amend the notice to change the length of the line from 
18.0 miles to 16.3 miles, extending between west of Levee, milepost 
20.0, and Taft, milepost 36.3, in Kern County, CA. Upon consultation 
with applicants, December 1, 2004 is used as the actual filing date. 
Applicants also indicated a new consummation date of January 19, 
2005. Under 49 CFR 1152.50(d)(2), the railroad must file a verified 
notice with the Board at least 50 days before the abandonment or 
discontinuance is to be consummated. The amended notice was filed on 
December 1, 2004. Therefore, the earliest possible date consummation 
date is January 20, 2005. By letter filed on December 13, 2004, 
applicants confirmed that the consummation date should be January 
20, 2005. Applicants also indicated that, upon further review of 
their records and communication from Baker Petrolite Corporation 
(BPC), they have determined that BPC was an active shipper located 
at milepost 18.99, and have reduced the scope of the abandonment and 
discontinuance so as to continue to serve BPC. Applicants stated 
that, as per a December 1, 2004 conversation with BPC, the reduction 
in the scope of abandonment and discontinuance resolved BPC's 
concerns.
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    SRY and SJVR have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there has been no overhead 
traffic on the line in over 2 years and any overhead traffic 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 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.\2\
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    \2\ In the December 13, 2004 letter, applicants certified that 
the certification contained in their verified notice of exemption 
filed on November 19, 2004, remains correct and accurate for the 
rail line between milepost 20.0 and milepost 36.3.
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    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 January 20, 2005, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 30, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 10, 2005, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \3\ 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 (SEA) 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.
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Attorney for SRY--Mack H. Shumate, Jr., 
Senior General Attorney, Union Pacific Railroad Company, 101 North 
Wacker Drive, Room 1920, Chicago, IL 60606; Attorneys for SJVR--Gary A. 
Laakso, Esq., Vice President Regulatory Counsel, RailAmerica, Inc., 
5300 Broken Sound Boulevard NW., Second Floor, Boca Raton, FL 33487, 
and Louis E. Gitomer, Esq., Of Counsel, Ball Janik LLP, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicants have filed environmental and historic reports which 
address the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. SEA will issue an environmental 
assessment (EA) by December 23, 2004.
    Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 565-1539. [Assistance for the hearing impaired 
is available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] 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

[[Page 76522]]

consummation by December 21, 2005, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 14, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27857 Filed 12-20-04; 8:45 am]
BILLING CODE 4915-01-P