San Joaquin Valley Railroad Co.-Discontinuance of Service Exemption-in Kern County, Cal.

• Published date: 02 April 2024
• Record Number: 2024-06866
• Citation: 89 FR 22764
• Court: Surface Transportation Board
• Section: Notices

Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)

[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
                [Notices]
                [Page 22764]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-06866]
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                SURFACE TRANSPORTATION BOARD
                [Docket No. AB 398 (Sub No. 11X)]
                San Joaquin Valley Railroad Co.--Discontinuance of Service
                Exemption--in Kern County, Cal.
                 San Joaquin Valley Railroad Co. (SJVR), has filed a verified notice
                of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
                Discontinuances of Service to discontinue service over an approximately
                4.3-mile rail line between milepost 304.2 and milepost 308.5 in Kern
                County, Cal. (the Line). The Line traverses U.S. Postal Service Zip
                Code 93250 and includes two stations.
                 SJVR has certified that: (1) no local traffic has moved over the
                Line since 2011; (2) no overhead traffic has moved over the Line since
                2011; (3) no formal complaint filed by a user of rail service on the
                Line (or 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 or any U.S. District Court or has
                been decided in favor of a complainant within the two-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 Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon,
                in Bingham & Bonneville Counties, Idaho, 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) \1\ to subsidize continued rail service has
                been received, this exemption will be effective on May 2, 2024, unless
                stayed pending reconsideration.\2\ Petitions to stay that do not
                involve environmental issues and formal expressions of intent to file
                an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2)
                \3\ must be filed by April 12, 2024.\4\ Petitions for reconsideration
                must be filed by April 22, 2024.
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                 \1\ Persons interested in submitting an OFA to subsidize
                continued rail service must first file a formal expression of intent
                to file an offer, indicating the intent to file an OFA for subsidy
                and demonstrating that they are preliminarily financially
                responsible. See 49 CFR 1152.27(c)(2)(i).
                 \2\ SJVR states that it intends to consummate the discontinuance
                of the Line on or after May 3, 2024.
                 \3\ The filing fee for OFAs can be found at 49 CFR
                1002.2(f)(25).
                 \4\ Because this is a discontinuance proceeding and not an
                abandonment, interim trail use/rail banking and public use
                conditions are not appropriate. Because there will be an
                environmental review during abandonment, this discontinuance does
                not require environmental review.
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                 All pleadings, referring to Docket No. AB 398 (Sub-No. 11X), must
                be filed with the Surface Transportation Board via e-filing on the
                Board's website or in writing addressed to 395 E Street SW, Washington,
                DC 20423-0001. Additionally, a copy of each pleading filed with Board
                must be sent to SJVR's representative, Justin J. Marks, Clark Hill PLC,
                1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
                 If the verified notice contains false or misleading information,
                the exemption is void ab initio.
                 Board decisions and notices are available at www.stb.gov.
                 Decided: March 26, 2024.
                 By the Board, Mai T. Dinh, Director, Office of Proceedings.
                Regena Smith-Bernard,
                Clearance Clerk.
                [FR Doc. 2024-06866 Filed 4-1-24; 8:45 am]
                BILLING CODE 4915-01-P