Pacific Harbor Line, Inc.-Lease and Operation Exemption-Union Pacific Railroad Company, 29839-29840 [2014-11988]

Download as PDF Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2014–11984 Filed 5–22–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35828] mstockstill on DSK4VPTVN1PROD with NOTICES The Apache Railroad Company, LLC— Corporate Family Transaction Exemption—the Apache Railway Company The Apache Railroad Company, LLC (APA), and The Apache Railway Company (Apache) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction. According to the applicants, APA is a noncarrier and a limited liability company established for the purpose of owning and operating a common carrier short line railroad. Apache is an existing Class III railroad. Both are wholly owned subsidiaries of Snowflake Community Foundation (Snowflake), a noncarrier entity that, according to the applicants, was established to acquire Apache’s common stock to preserve the railroad’s track, facilities, and operations. Applicants state that APA would acquire all of the assets, franchises, rights, obligations, and operations of Apache, which would be merged into APA. Consequently, APA would become a Class III railroad upon the consummation of this transaction.1 According to the applicants, the purpose of this transaction is to enable Snowflake to obtain a federal loan in order to finance the acquisition of Apache’s assets and operations. Unless stayed, the exemption will be effective on June 7, 2014 (30 days after the verified notice was filed). Applicants state that they intend to consummate the proposed transaction on or about mid-June 2014. Applicants state that the transaction qualifies for the class exemption for corporate family transactions under 49 CFR 1180.2(d)(3) and have not indicated that the transaction would result in 1 Pursuant to 49 CFR 1180.6(a)(7)(ii), applicants are required to submit ‘‘a copy of any contract or other written instrument entered into, or proposed to be entered into, pertaining to the proposed transaction.’’ According to the applicants, an agreement has not yet been prepared. Applicants are directed to file a copy of the agreement as soon as it is available. VerDate Mar<15>2010 18:44 May 22, 2014 Jkt 232001 adverse changes in service levels, significant operational changes, or any changes in the competitive balance with carriers outside the corporate family. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under §§ 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because the only carrier involved is a Class III rail carrier. If the 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 May 30, 2014 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35828, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on John D. Heffner, Strasburger & Price, LLP, 1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: May 19, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–12005 Filed 5–22–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35789] Pacific Harbor Line, Inc.—Lease and Operation Exemption—Union Pacific Railroad Company Pacific Harbor Line, Inc. (PHL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Union Pacific Railroad Company (UP), and to operate, pursuant to a lease agreement, approximately 30,820 feet of rail line, known as the Santa Ana Bypass Track, extending from milepost 21.7 at CP Compton to milepost 15.9 at Firestone Park in Los Angeles County, Cal. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 29839 This transaction is related to a concurrently filed verified notice of exemption in Pacific Harbor Line, Inc.— Operation Exemption—Union Pacific Railroad Company, Docket No. FD 35814, wherein PHL seeks Board approval to operate, also pursuant to the above lease agreement, approximately 5.75 miles of rail line that UP currently operates in Los Angeles County, Cal. This line is owned by the City of Los Angeles, Cal., acting by and through its Board of Harbor Commissioners, and the City of Long Beach, Cal., acting by and through its Board of Harbor Commissioners. According to PHL, the agreement between PHL and UP does not contain any provision that may limit future interchange of traffic with any thirdparty connecting carrier. PHL states that, under the terms of the lease, UP will retain the exclusive common carrier obligation to provide service over the line. PHL intends to consummate the proposed transaction 30 days or more after the exemption was filed (May 7, 2014), or 60 days or more after filing its certification with the Board pursuant to 49 CFR 1150.42(e). PHL certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. Because PHL’s projected annual revenues will exceed $5 million, PHL certified to the Board on April 30, 2014, that it had complied with the requirements of 49 CFR 1150.32(e) by providing notice to employees and their labor unions on the affected 30,820 feet of rail line. Under 49 CFR 1150.32(e), this exemption cannot become effective until 60 days after the date notice was provided, which would be June 29, 2014. 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 to stay must be filed no later than June 20, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35789, 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 Rose-Michele Nardi, Transport Counsel PC, 1701 Pennsylvania Avenue NW., Suite 300, Washington, DC 20006. E:\FR\FM\23MYN1.SGM 23MYN1 29840 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Notices Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: May 19, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2014–11988 Filed 5–22–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35814] mstockstill on DSK4VPTVN1PROD with NOTICES Pacific Harbor Line, Inc.—Operation Exemption—Union Pacific Railroad Company Pacific Harbor Line, Inc. (PHL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to operate, pursuant to a lease agreement, approximately 5.75 miles of track owned by the City of Los Angeles, Cal., acting by and through its Board of Harbor Commissioners (POLA), and the City of Long Beach, Cal., acting by and through its Board of Harbor Commissioners (POLB), and over which Union Pacific Railroad Company (UP) currently operates. Specifically, the 5.75 miles of rail line consists of: (1) approximately 5.5 miles extending from milepost 10.6 (CP Compton) to milepost 16.1 (CP West Thenard), known as the Rail Corridor Portion; and (2) an industrial lead (no known mileposts), known as the Drill Track Portion, extending less than a quarter mile in length and located on the west side of the Rail Corridor Portion in Los Angeles County, Cal. (the Subject Track). This transaction is related to a concurrently filed verified notice of exemption in Pacific Harbor Line, Inc.— Lease and Operation Exemption—Union Pacific Railroad Company, Docket No. FD 35789, wherein PHL seeks Board approval to lease and operate approximately 30,820 feet of rail line, known as the Santa Ana Bypass Track, extending from milepost 21.7 at CP Compton to milepost 15.9 at Firestone Park in Los Angeles County, Cal. According to PHL, the proposed grant of authority to operate over the Subject Track is necessary because it will allow PHL to access a line of railroad it is seeking to lease and operate in its verified notice of exemption filed in Docket No. FD 35789. PHL states that, pursuant to an agreement among themselves, POLA, POLB, and the Alameda Corridor Transportation Authority (ACTA), have consented to VerDate Mar<15>2010 18:44 May 22, 2014 Jkt 232001 UP’s grant of certain operating rights to PHL over the Subject Track. PHL states that the agreement between PHL and UP does not contain any provision that may limit future interchange of traffic with any thirdparty connecting carrier. PHL intends to consummate the proposed transaction 30 days or more after the exemption was filed (May 7, 2014), or 60 days or more after filing its certification with the Board pursuant to 49 CFR 1150.42(e). PHL certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. Because PHL’s projected annual revenues will exceed $5 million, PHL certified to the Board on April 30, 2014, that it had complied with the requirements of 49 CFR 1150.32(e) by providing notice to employees and their labor unions on the affected 5.75-mile line. Under 49 CFR 1150.32(e), this exemption cannot become effective until 60 days after the date notice was provided, which would be June 29, 2014. 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 to stay must be filed no later than June 20, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35814, 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 Rose-Michele Nardi, Transport Counsel PC, 1701 Pennsylvania Avenue NW., Suite 300, Washington, DC 20006. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: May 19, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–12006 Filed 5–22–14; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35827] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—Dallas Area Rapid Transit and Fort Worth Transportation Authority Trinity Railway Express (TRE),1 pursuant to a written trackage rights agreement dated May 2, 2014, has agreed to grant Union Pacific Railroad Company (UP) temporary overhead trackage rights over approximately 1.4 miles of the TRE Rail Corridor in Ft. Worth, Tex., between milepost 610.5 (the T&P Station) and milepost 611.9 (the 6th Street Junction). The transaction may be consummated on or after June 7, 2014, the effective date of the exemption (30 days after the verified notice of exemption was filed). The temporary trackage rights are scheduled to expire on December 30, 2014. The purpose of the temporary trackage rights is to allow UP to continue providing rail service between adjacent UP lines during outages on connecting UP lines caused by construction of improvements to Tower 55. As a condition to the exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). The verified notice of exemption is filed under 49 CFR 1180.2(d)(8). If it 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 1 Dallas Area Rapid Transit (DART) and the Fort Worth Transportation Authority (the T) are regional transportation authorities established under Chapter 452 of the Texas Transportation Code. See Dall. Area Rapid Transit—Acquis. & Operation Exemption—Certain Lines of the Atchison, Topeka & Santa Fe Ry., FD 32611 (ICC served Mar. 17, 1995). DART and the T are collectively referred to as Trinity Railway Express. E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29839-29840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11988]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35789]


Pacific Harbor Line, Inc.--Lease and Operation Exemption--Union 
Pacific Railroad Company

    Pacific Harbor Line, Inc. (PHL), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Union Pacific Railroad Company (UP), and to operate, pursuant to a 
lease agreement, approximately 30,820 feet of rail line, known as the 
Santa Ana Bypass Track, extending from milepost 21.7 at CP Compton to 
milepost 15.9 at Firestone Park in Los Angeles County, Cal.
    This transaction is related to a concurrently filed verified notice 
of exemption in Pacific Harbor Line, Inc.--Operation Exemption--Union 
Pacific Railroad Company, Docket No. FD 35814, wherein PHL seeks Board 
approval to operate, also pursuant to the above lease agreement, 
approximately 5.75 miles of rail line that UP currently operates in Los 
Angeles County, Cal. This line is owned by the City of Los Angeles, 
Cal., acting by and through its Board of Harbor Commissioners, and the 
City of Long Beach, Cal., acting by and through its Board of Harbor 
Commissioners.
    According to PHL, the agreement between PHL and UP does not contain 
any provision that may limit future interchange of traffic with any 
third-party connecting carrier. PHL states that, under the terms of the 
lease, UP will retain the exclusive common carrier obligation to 
provide service over the line.
    PHL intends to consummate the proposed transaction 30 days or more 
after the exemption was filed (May 7, 2014), or 60 days or more after 
filing its certification with the Board pursuant to 49 CFR 1150.42(e).
    PHL certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier. Because PHL's projected annual revenues will exceed $5 
million, PHL certified to the Board on April 30, 2014, that it had 
complied with the requirements of 49 CFR 1150.32(e) by providing notice 
to employees and their labor unions on the affected 30,820 feet of rail 
line. Under 49 CFR 1150.32(e), this exemption cannot become effective 
until 60 days after the date notice was provided, which would be June 
29, 2014.
    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 to stay must be filed no later than June 20, 2014 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35789, 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 Rose-Michele Nardi, Transport Counsel PC, 
1701 Pennsylvania Avenue NW., Suite 300, Washington, DC 20006.

[[Page 29840]]

    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: May 19, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-11988 Filed 5-22-14; 8:45 am]
BILLING CODE 4915-01-P
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