[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Page 60496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24596]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1069X]


Kern Valley Railroad Company--Termination of Trackage Rights--in 
Las Animas County, CO

    On September 10, 2010, Kern Valley Railroad Company (KVR) filed 
with the Board a petition for exemption under 49 U.S.C. 10502 from the 
provisions of 49 U.S.C. 10903 to terminate the grant of trackage rights 
held by BNSF Railway Company (BNSF) to operate over KVR's 2-mile Jansen 
Yard Segment between milepost 0.0 and milepost 2.0 in Jansen, Las 
Animas County, Colo. (the line). The line traverses United States 
Postal Service Zip Code 81082 and includes no stations.
    The line, to KVR's knowledge, does not contain federally granted 
rights-of-way. Any documentation in KVR's possession will be made 
available promptly to those requesting it.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b).\1\ A final decision will be 
issued by December 29, 2010.
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    \1\ The petition seeks termination of trackage rights held by 
BNSF, which is not a party to this proceeding. The Board will 
address in a separate decision whether a petition for exemption is 
appropriate in this context.
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    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to subsidize continued rail service will be due no later than 10 days 
after service of a decision granting the petition for exemption. Each 
offer must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).\2\
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    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Similarly, no environmental or historic 
documentation is required under 49 CFR 1105.6(c)(2) and 1105.8.
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    All filings in response to this notice must refer to Docket No. AB 
1069X and must be sent to: (1) Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001, and (2) KVR's representative, 
Fritz R. Kahn, Esq., Fritz R. Kahn, P.C., 1920 N Street, NW. (8th 
floor), Washington, DC 20036. Replies to the petition are due on or 
before October 20, 2010.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR pt. 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 27, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-24596 Filed 9-29-10; 8:45 am]
BILLING CODE 4915-01-P