Daily Rules, Proposed Rules, and Notices of the Federal Government
Pacific Sun Railroad, L.L.C. (PSRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, by lease, and to operate approximately 21.5 miles of BNSF Railway Company's (BNSF) rail lines and freight rail easement in California.
BNSF will also grant PSRR incidental trackage rights to provide local service over BNSF's approximately 45.49-mile reserved rail freight service easement on the San Diego Subdivision between milepost 252.9, near San Diego, CA, and milepost 207.41, at the San Diego County and Orange County border, including the Stuart Mesa Yard.
This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35174,
PSRR certifies that its projected annual revenues as a result of the transaction will not result in PSRR becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million.
The transaction is expected to be consummated on or about October 24, 2008, and hence after the October 17, 2008 effective date of the exemption.
Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, SS 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting and shredding). The term "solid waste" is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903.
If the verified notice contains false or misleading information, the exemption is void
An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35173, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Karl Morell, of Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
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