[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Page 7639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3194]



[[Page 7639]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1029 (Sub-No. 1X)]


San Diego & Imperial Valley Railroad Company, Inc.--
Discontinuance of Service Exemption--in San Diego County, CA

    On January 29, 2009, San Diego & Imperial Valley Railroad Company, 
Inc. (SDIV) filed with the Surface Transportation Board (Board) a 
petition under 49 U.S.C. 10502 for exemption from the provisions of 49 
U.S.C. 10903 to permit SDIV to discontinue service over a 1.35-mile 
line of railroad between milepost 19.85 and milepost 21.2 in the 
vicinity of Escondido, in San Diego County, CA.\1\ The line traverses 
U.S. Postal Zip Codes 92025 and 92029 and includes the station of 
Escondido.
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    \1\ SDIV leased the line from BNSF Railway Company (BNSF). 
According to SDIV, BNSF has terminated that lease and replaced SDIV 
as the operator of the line. The new operator is Pacific Sun 
Railroad, L.L.C (Pacific Sun). See Pacific Sun Railroad, L.L.C.--
Lease and Operation Exemption--BNSF Railway Company, STB Finance 
Docket No. 35173 (STB served Oct. 3, 2008) (authorizing Pacific Sun 
to lease and operate approximately 21.5 miles of BNSF Railway 
Company's rail lines and freight rail easement, including the 
segment at issue here).
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    SDIV states that the line does not contain federally granted 
rights-of-way. Any documentation in SDIV's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment-Goshen, 
360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by May 19, 2009.
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 10 days after service of a 
decision granting the petition for exemption. Each OFA must be 
accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25).
    Because this is a discontinuance proceeding and not an abandonment, 
trail use/rail banking and public use conditions are not appropriate. 
Nor is environmental or historic documentation required under 49 CFR 
1105.6(c)(2) and 1105.8(b), respectively.
    All filings in response to this notice must refer to STB Docket No. 
AB-1029 (Sub-No. 1X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Louis E. 
Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204-4022. 
Replies to the petition are due on or before March 10, 2009.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full discontinuance regulations at 49 CFR part 1152. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-977-8339.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: February 10, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
 [FR Doc. E9-3194 Filed 2-17-09; 8:45 am]
BILLING CODE 4915-01-P