[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Notices]
[Page 43117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21160]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to the 
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-397 (Sub-No. 4X)]


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

    Tulare Valley Railroad Company (TVR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 5 miles of railroad from milepost 15.1 at Tulare to 
milepost 20+1191.3 at Loma, in Tulare County, CA.2
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    \2\ The City of Tulare (City) filed a request for an issuance of 
a notice of interim trail use (NITU) for the line pursuant to 
section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). 
The Board will address the City's trail use request, and any others 
that may be filed, in a subsequent decision.
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    TVR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 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 reports), 49 CFR 1105.8 (historic 
reports), 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 September 19, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by August 30, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 9, 1996, with: Office of the Secretary, Case Control 
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \3\ 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 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Paul C. Oakley, Esq., Weiner, Brodsky, 
Sidman & Kider, P.C., 1350 New York Ave., NW., Suite 800, Washington, 
DC 10005-4797.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    TVR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by August 23, 1996. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine 
Kaiser, Chief of SEA, at (202) 927-6248. 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.

    Decided: August 14, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-21160 Filed 8-19-96; 8:45 am]
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