|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PACIFIC IMPERIAL RAILROAD, INC.--CHANGE IN OPERATOR EXEMPTION--RAIL LINE OF SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT PACIFIC IMPERIAL RAILROAD, INC. (PIR) FILED A NOTICE OF EXEMPTION TO CHANGE OPERATORS FROM SAN DIEGO & IMPERIAL VALLEY RAILROAD COMPANY, INC. TO PIR OVER A 70.01-MILE RAIL LINE BETWEEN DIVISION, CAL., AND PLASTER CITY, CAL.|
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|Full Text of Decision|
42861 SERVICE DATE – LATE RELEASE JANUARY 17, 2013
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35709]
Pacific Imperial Railroad, Inc.—Change in Operator Exemption—Rail Line of San Diego and Arizona Eastern Railway Company
Railroad, Inc. (
PIR certifies that
its projected annual revenues as a result of this transaction will not exceed
those that would qualify it as a Class
If the verified 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 effectiveness of the exemption. Petitions for stay must be filed no later than February 22, 2013 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35709, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423‑0001. In addition, one copy of each pleading must be served on Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
and notices are available on our website at
Decided: January 17, 2013.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 SDIY was authorized to operate the Desert Line in San Diego & Imperial Valley Railroad—Exemption from 49 USC 10901 & 11301, FD 30457 (ICC served Aug. 17, 1984).
 To qualify for a change of operators exemption, an applicant must give notice to shippers on the line. See 49 C.F.R. § 1150.32(b). In a letter filed January 2, 2013, PIR certified to the Board that, at present, there are no shippers on the Desert Line; therefore, no service of this notice is required on shippers.
 PIR supplemented the certification in its verified notice by letters filed on December 27, 2012 and January 2, 2013. On January 9, 2013, PIR clarified that the employees of SDIY are not members of a union; thus, union notification was not required.