Tulare Valley Railroad Company-Discontinuance of Service Exemption-in Tulare County, CA, 17898 [E9-8270]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Page 17898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8270]



[[Page 17898]]

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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.
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    \1\ TVR 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.
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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 1105.12 (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.
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    \2\ Pursuant 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because 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.
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    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 https://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