[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Notices]
[Pages 43040-43041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20511]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34078]


Carrizo Gorge Railway Inc.-Operation Exemption-Line of San Diego 
and Arizona Eastern Railway Company and San Diego & Imperial Valley 
Railroad Company, Inc

    Carrizo Gorge Railway Inc. (CZRY), a noncarrier, has filed a notice 
of exemption under 49 CFR 1150.31 to operate approximately 6.2 miles of 
rail line currently owned by San Diego and Arizona Eastern Railway 
Company (SD&AE) and controlled through management by San Diego & 
Imperial Valley Railroad Company, Inc. (SDIY). The rail line extends 
between the International Border between the United States and Mexico, 
milepost 59.60 at Division, CA, and milepost 65.80 at Campo, CA 
(subject line).\1\
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    \1\ SD&AE is owned by the San Diego Metropolitan Transit 
Development Board, a noncarrier public agency which operates light 
rail passenger transit service over a portion of the San Diego-
Plaster City line between San Diego, CA, and the International 
Border between the United States and Mexico at San Ysidro, CA/
Tijuana, MX.
    See San Diego & Imperial Valley Railroad Company, Inc.-Exemption 
From 49 U.S.C. 10901 and 11301, Finance Docket No. 30457 (ICC served 
Aug. 17, 1984).
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    CZRY states that, for 17 years until July 1, 2001, pursuant to an 
operation and management agreement with SD&AE, SDIY provided freight 
service over a rail line that extends a distance of approximately 130 
miles between San Diego, CA, and a point near Plaster City, CA (the San 
Diego-Plaster City line), including the Tijuana and Tecate Railroad 
(T&T), with approximately 45 miles of that line located in Mexico.\2\ 
See San Diego & Imperial Valley R. Co., Inc.--Exemption, 1 I.C.C.2d 941 
(1985). CZRY further states that, effective July 1, 2001, a unit of the 
Mexican government awarded it the right to operate the T&T.
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    \2\ The Board has no jurisdiction over track located in Mexico. 
Id. at n.3.
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    CZRY indicates that it and SDIY have entered into an Interchange 
Agreement (Agreement), as of June 28, 2001, whereby CZRY is authorized 
to operate the subject line for the purpose of interchanging traffic 
that originated or will terminate in Mexico with SDIY.

[[Page 43041]]

CZRY has been operating over the subject line pursuant to that 
Agreement since July 1, 2001. CZRY further indicates that, since late 
May 2001, it has been transporting sand over the subject line pursuant 
to a CZRY-SDIY Detour Agreement dated May 25, 2001.
    CZRY asserts that it only recently became aware that its operations 
over the subject line required authority from the Board or an 
exemption, and that it has acted diligently in filing its notice of 
exemption upon learning of such requirement. CZRY certifies that its 
projected revenues will not exceed those that would qualify it as a 
Class III rail carrier and that its revenues are not projected to 
exceed $5 million.
    The transaction was scheduled to be consummated on or shortly after 
August 1, 2001 (7 days after the exemption was filed).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34078, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, 
Chicago, IL 60604-1194.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: August 9, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-20511 Filed 8-15-01; 8:45 am]
BILLING CODE 4915-00-P