Oral Argument, 63819 [E9-28956]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Page 63819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28956]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 693]


Oral Argument

AGENCY: Surface Transportation Board.

ACTION: Notice of oral argument.

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SUMMARY: By a decision served on December 1, 2009, the Board announced 
that it will hold oral arguments in two cases: STB Finance Docket No. 
35225, San Benito Railroad LLC--Acquisition Exemption--Certain Assets 
of Union Pacific Railroad Company (San Benito RR); and STB Finance 
Docket No. 35239, Allegheny Valley Railroad Company--Petition for 
Declaratory Order (Allegheny Valley).
    Dates/Location: The oral arguments will take place on Tuesday, 
January 26, 2010, at 9:30 a.m., in the Board's hearing room at the 
Board's headquarters located at 395 E Street, SW., Washington, DC. By 
January 21, 2010, the parties should submit to the Board the name of 
the counsel who will be presenting argument, the party counsel will be 
representing, and the requested time reserved for rebuttal if the party 
is the movant or petitioner.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm, (202) 245-0391. Assistance 
for the hearing impaired is available through the Federal Information 
Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In STB Finance Docket No. 35225, San Benito 
Railroad LLC (San Benito), a noncarrier, has filed a verified notice of 
exemption to acquire from Union Pacific Railroad Company (UP) certain 
railroad assets, including approximately 12.43 miles of rail line 
extending between approximately milepost 0.7 (near Hollister, CA) and 
approximately milepost 12.50 (near Carnadero, CA) in San Benito County. 
San Benito simultaneously filed a motion to dismiss the notice of 
exemption. San Benito seeks a determination from the Board that it 
would not become a common carrier and that the Board would not have 
jurisdiction over the proposed acquisition because the parties have 
structured the transaction pursuant to the terms and conditions of the 
Interstate Commerce Commission's decision in State of Maine--Acq. And 
Op. Exempt., 8 I.C.C.2d 935 (1991) (State of Maine), and subsequent 
Board decisions addressing State of Maine.
    The Brotherhood of Maintenance of Way Employes Division/IBT and the 
Brotherhood of Railroad Signalmen (collectively ``Unions'') filed a 
response in opposition to San Benito's motion to dismiss. The Unions 
argue that State of Maine was wrongly decided and must be overturned 
because it is contrary to the Interstate Commerce Act. The Board will 
hear argument on the motion to dismiss the notice of exemption.
    In STB Finance Docket No. 35239, Allegheny Valley Railroad Company 
(AVRR) has filed a petition for declaratory order to determine whether 
a 0.3-mile rail segment between 16th Street and 21st Street in 
Pittsburgh, PA, remains an active rail easement. AVRR, which claims 
that the easement remains active, wants to restore the 0.3-mile segment 
of the line as part of a longer line and provide passenger and freight 
rail service over it. AVRR purportedly acquired the easement as part of 
a line sale by Consolidated Rail Corporation (Conrail). The segment 
spans property owned by The Buncher Company (Buncher). Buncher claims 
that the track in question has been abandoned and that the property 
interest has been extinguished.
    On May 13, 2009, the Board instituted a declaratory order 
proceeding to clarify the issues and established a procedural schedule. 
The parties submitted several rounds of evidence concerning the status 
of the track.
    On September 17, 2009, the Board issued a decision directing AVRR 
and Buncher to address whether or how the recent ruling by the United 
States Court of Appeals for the District of Columbia Circuit in 
Consolidated Rail Corp. v. STB, 571 F.3d 13 (D.C. Cir. 2009) (Harsimus) 
affects this case. In Harsimus, the Court of Appeals found that where 
the Board's authority was challenged and an interpretation of the Final 
System Plan (FSP) for the creation of Conrail or the Special Court's 
conveyance order under 45 U.S.C. 719(e)(2) for Conrail's creation was 
required, the Board lacked jurisdiction to resolve the question of the 
nature of the involved trackage.
    AVRR and Buncher filed their evidence on October 9, 2009. AVRR 
claims that Harsimus is limited to its facts and that the Board should 
resolve the case. Buncher asserts that the Board should dismiss the 
case in accordance with Harsimus, as the resolution of the case relies 
upon interpreting the FSP and the documents relating to the conveyance 
to Conrail, thus placing the case directly under the jurisdiction of 
the Special Court, which is now the United States District Court for 
the District of Columbia.
    The STB requests that all persons attending the hearing use the 
Patriots Plaza Building's main entrance at 395 E Street, SW. (closest 
to the northeast corner of the intersection of 4th and E Streets). 
There will be no reserved seating, except for those scheduled to 
present oral arguments. The building will be open to the public at 7 
a.m., and participants are encouraged to arrive early. There is no 
public parking in the building. The oral arguments will be open for 
public observation, but only counsel for the parties will be permitted 
to present argument. A video broadcast of the oral argument will be 
available via the Board's Web site at https://www.stb.dot.gov, under 
``Information Center''/``Webcast''/``Live Video'' on the home page.
    Additional information is contained in the Board's decision. A copy 
of the Board's decision is available for inspection or copying at the 
Board's Public Docket Room, Room 131, 395 E Street, SW., Washington, DC 
20423-0001, and is posted on the Board's Web site, https://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: December 1, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-28956 Filed 12-3-09; 8:45 am]
BILLING CODE 4915-01-P