[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Page 35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17241]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-397 (Sub-No. 7X)]


Tulare Valley Railroad Company--Abandonment Exemption--in Tulare 
County, CA

    Tulare Valley Railroad Company (TVR), a Class III railroad, has 
filed a verified notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments to abandon a 5.9-mile line of railroad between 
milepost 71+2969.2 at or near Ducor and milepost 66.0 at or near Ultra, 
in Tulare County, CA.\1\ The line traverses United States Postal 
Service Zip Codes 93270 and 93218.
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    \1\ TVR notes that authority to discontinue service on the line 
was authorized in Tulare Valley Railroad Company--Discontinuance of 
Service Exemption--in Tulare County, CA, STB Docket No. AB-397 (Sub-
No. 6X) (STB served Apr. 17, 2009).
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    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 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 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 August 20, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 31, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 10, 2009, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to TVR's 
representative: Fritz R. Kahn, 1920 N Street, NW., (8th fl.), 
Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    TVR has filed a combined environmental report and historic report 
which addresses the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by July 24, 2009. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 1100, Surface Transportation Board, 
Washington, DC 20423-0001) or by calling SEA, at (202) 245-0305. 
[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), TVR 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 TVR's filing of a notice of 
consummation by July 21, 2010, 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: July 16, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-17241 Filed 7-20-09; 8:45 am]
BILLING CODE 4915-01-P