17898 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

1TVR originally filed its verified notice of 

exemption on March 12, 2009. However, TVR failed 

to comply fully with the notification requirement at 

49 CFR 1152.50(d)(1) until March 19, 2009, when 

it states that it notified the U.S. Department of 

Agriculture of the proposed discontinuance of 

service exemption. Because the railroad must notify 

this agency at least 10 days prior to the filing of a 

notice of exemption, March 30, 2009, will be 

considered the official filing date. 

2Pursuant to 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. A Board staff member has 

informed TVR that, because the official filing date 

of the notice is now March 30, 2009, consummation 

may not take place prior to May 19, 2009. 

3Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

4Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. Likewise, 

no environmental or historical documentation is 

required here under 49 CFR 1105.6(c) and 

1105.8(b), respectively. 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–397 (Sub-No. 6X)] 

Tulare Valley Railroad Company— 

Discontinuance of Service 

Exemption—in Tulare County, CA 

Tulare Valley Railroad Company 

(TVR), a Class III rail carrier, has filed 

a verified notice of exemption 1 under 

49 CFR part 1152 subpart F—Exempt 

Abandonments and Discontinuances of 

Service to discontinue service over a 

5.9-mile line of railroad between 

milepost 66.0 at or near Ultra and 

milepost 71+2969.2 at or near Ducor, in 

Tulare County, CA. The line traverses 

United States Postal Service Zip Codes 

93270 and 93218. 

TVR 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 

1105.12 (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 

discontinuance of service 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 19, 

2009, unless stayed pending 

reconsideration.2 Petitions to stay that 

do not involve environmental issues 

and formal expressions of intent to file 

an OFA for continued rail service under 

49 CFR 1152.27(c)(2),3 must be filed by 

April 27, 2009.4 Petitions to reopen 

must be filed by May 7, 2009, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to TVR’s 

representative: Fritz R. Kahn, Fritz R. 

Kahn, P.C., 1920 N Street, NW. (8th 

floor), Washington, DC 20036. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 7, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–8270 Filed 4–16–09; 8:45 am] 

BILLING CODE 4915–01–P 

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