Tulare Valley Railroad Company-Abandonment Exemption-in Tulare County, CA, 35904 [E9-17241]
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices
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[FR Doc. E9–17264 Filed 7–20–09; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–397 (Sub-No. 7X)]
jlentini on DSKJ8SOYB1PROD with NOTICES
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
VerDate Nov<24>2008
16:50 Jul 20, 2009
Jkt 217001
County, CA.1 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
1105.7 (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.
A copy of any petition filed with the
Board should be sent to TVR’s
representative: Fritz R. Kahn, 1920 N
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).
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 Outof-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).
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
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 ‘‘https://
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
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E:\FR\FM\21JYN1.SGM
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Agencies
[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Page 35904]
From the Federal Register Online via the Government Printing 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
``https://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