[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Pages 21800-21801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10165]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-398 (Sub-No. 6X)]


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

    San Joaquin Valley Railroad Company (SJVR) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to 
abandon an approximately half mile segment of railroad on the Oil City 
Subdivision, between milepost 311.9 and milepost 312.5 at or near 
Maltha, in Kern County, CA.\1\ The line traverses United States Postal 
Service Zip Code 93308.\2\
---------------------------------------------------------------------------

    \1\ See San Joaquin Valley Railroad Co.--Acquisition and Lease 
Exemption--Southern Pacific Transportation Company, Finance Docket 
No. 31993 (Sub-No. 1) (ICC served Oct. 4, 1993), and San Joaquin 
Valley Railroad Company--Acquisition and Operation Exemption-Tulare 
Valley Railroad Company, STB Finance Docket No. 33723 (STB served 
Mar. 30, 1999).
    \2\ 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. SJVR, in its 
verified notice tendered for filing on March 22, 2000, indicated a 
proposed consummation date of May 15, 2000. Because applicant had 
failed to publish notice in the newspaper as required, the verified 
notice was not complete until April 4, 2000, when proof of newspaper 
publication was received at the Board and hence the notice was not 
deemed filed until then. Thus, the earliest possible consummation 
date is May 24, 2000. Applicant's representative has confirmed that 
the correct consummation date is on or after May 24, 2000.
---------------------------------------------------------------------------

    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 May 24, 
2000, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,\3\ formal expressions of intent to

[[Page 21801]]

file an OFA under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by May 4, 2000. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by May 15, 2000, with: Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423.
---------------------------------------------------------------------------

    \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 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.
    \4\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Fritz R. Kahn, P.C., 1920 N. Street, NW 
(8th Fl.), Washington, DC 20036-1601.
    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 April 28, 2000. 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 April 24, 2001, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: April 18, 2000.

By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-10165 Filed 4-21-00; 8:45 am]
BILLING CODE 4915-00-P