[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Page 55349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19558]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1304X]


Pacific Sun Railroad, L.L.C.--Discontinuance of Service and 
Trackage Rights Exemption--in San Diego County, Cal.

    On August 17, 2020, Pacific Sun Railroad, L.L.C. (PSRR), filed a 
petition under 49 U.S.C. 10502 for exemption from the prior approval 
requirements of 49 U.S.C. 10903 to: (1) Discontinue its operations over 
approximately 21.5 miles of BNSF Railway Company (BNSF) rail line (the 
Leased Lines), consisting of the Escondido Subdivision, which extends 
from milepost 0.0 at Oceanside, Cal., to milepost 21.2 at Escondido, 
Cal., and the Miramar Spur, which extends approximately 0.3 miles 
eastward from milepost 252.9 at Miramar, Cal., on BNSF's San Diego 
Subdivision; and (2) discontinue local trackage rights over 
approximately 45.49 miles of BNSF rail line on BNSF's San Diego 
Subdivision (the Trackage Rights Line), extending from milepost 252.9 
at Miramar to milepost 207.41 at the border of Orange County, Cal., and 
San Diego County, Cal. The Leased Lines and Trackage Rights Line 
collectively are referred to as the Lines. The Lines traverse U.S. 
Postal Service Zip Codes 92007, 92008, 92011, 92014, 92024, 92025, 
92029, 92054, 92055, 92056, 92058, 92069, 92075, 92083, 92084, 92121, 
92126, 92145, and 92672.
    According to PSRR, it provides service on the Lines pursuant to an 
agreement with BNSF. PSRR explains that the agreement is due to 
terminate on September 30, 2020, and that BNSF will resume operation of 
the Lines in place of PSRR as of October 1, 2020. PSRR states that the 
proposed discontinuance will allow PSRR to end its common carrier 
obligations over the Lines but that no customer on the Lines will be 
without common carrier service as a consequence of the proposed 
discontinuance, as the discontinuance will merely facilitate an agreed-
upon exchange of rail service providers from PSRR back to BNSF.
    PSRR states that it believes the Lines do not contain any federally 
granted rights-of-way. PSRR also states that any documentation in its 
possession will be made available to those requesting it.
    PSRR states that, because the Lines over which it seeks 
discontinuance authority represent the entire scope of its operations 
and PSRR will have no residual interest in railroad assets or any other 
regulated operations as a result of the proposed discontinuance, PSRR 
is entitled to relief from otherwise-applicable employee protective 
conditions.
    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 December 4, 2020.
    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 environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\1\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by September 14, 2020, indicating 
the intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
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    \1\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    All filings in response to this notice must refer to Docket No. AB 
1304X and must be filed with the Surface Transportation Board either 
via e-filing or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
PSRR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606. Replies to this 
petition are due on or before September 24, 2020.
    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 abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0305. Assistance 
for the hearing impaired is available through the Federal Relay Service 
at (800) 877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: August 31, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-19558 Filed 9-3-20; 8:45 am]
BILLING CODE 4915-01-P