[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]


=======================================================================
-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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