San Joaquin Valley Railroad Co.-Lease Amendment and Operation Exemption Including Interchange Commitment-BNSF Railway Company, 28047 [2015-11781]

Download as PDF Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35772] mstockstill on DSK4VPTVN1PROD with NOTICES San Joaquin Valley Railroad Co.— Lease Amendment and Operation Exemption Including Interchange Commitment—BNSF Railway Company San Joaquin Valley Railroad Co. (SJVR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease from BNSF Railway Company (BNSF) and operate the Landco spur line between the Porterville Subdivision, MP 111+ 4029 feet, near Oil Junction, Cal., and milepost 113 + 3717 feet at or near Bakersfield, Cal., a distance of approximately 2.0 ± miles (the Leased Line). SJVR states that it has entered into an amendment to extend the term of, and make other minor changes to, the lease, which originally was part of a broader agreement between SJVR’s predecessor, Tulare Valley Railroad Company, and BNSF’s predecessor, The Atchison, Topeka and Santa Fe Railway Company (ATSF). SJVR states that it will continue to be the operator of the Leased Line. According to SJVR, the agreement between SJVR and BNSF contains an interchange commitment that affects interchange with carriers other than ATSF, now BNSF. In its verified notice of exemption, SJVR submits a map of the affected interchange points. As required under 49 CFR 1150.43(h)(1), SJVR also provided additional information regarding the interchange commitment. SJVR has certified that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier. However, SJVR’s projected annual revenues following this transaction will exceed $5 million. Accordingly, SJVR is required by Board regulations to send notice of the transaction to the national offices of the labor unions with employees on the affected lines at least 60 days before this exemption is to become effective, to post a copy of the notice at the workplace of the employees on the affected lines, and to certify to the Board that it has done so. 49 CFR 1150.42(e). SJVR, concurrently with its verified notice of exemption, filed a request for waiver of the 60-day advance labor notice requirement under 49 CFR 1150.42(e). In that request SJVR asserts that: (1) No employees of the transferring carrier, BNSF, will be affected by the lease and no employees of BNSF or its predecessor have worked VerDate Sep<11>2014 18:20 May 14, 2015 Jkt 235001 on the Leased Line since 1992; (2) no SJVR employees will be affected by the lease and there will be no operational changes; and (3) posting notices on the Leased Line would be futile because no BNSF employees work on the Leased Line. SJVR’s waiver request will be addressed in a separate decision. SJVR states that it expects to consummate the transaction on the effective date of this exemption. The Board will establish in the decision on the waiver request the earliest date this transaction may be consummated. 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 than May 22, 2015. An original and 10 copies of all pleadings, referring to Docket No. FD 35772, 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 Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: May 12, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–11781 Filed 5–14–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35928] Georges Creek Railway, LLC— Operation Exemption—Lines of CSX Transportation, Inc. Georges Creek Railway, LLC (GCK), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to operate approximately 5.4 miles of rail line currently owned by CSX Transportation, Inc. (CSXT) in Allegany County, Md., consisting of: (1) Approximately 4.8 miles of CSXT’s Georges Creek Subdivision between Barton, approximately milepost BAI 27.0, and Westernport, approximately milepost BAI 31.6; and (2) approximately 0.60 miles of CSXT’s Thomas Subdivision, namely the two PO 00000 Frm 00163 Fmt 4703 Sfmt 9990 28047 tracks running parallel to the Thomas mainline track between approximately milepost BAH 26.2 and approximately milepost BAH 26.8. This transaction is related to a concurrently filed verified notice of exemption in Eighteen Thirty Group— Acquisition Exemption—Lines of CSX Transportation, Inc., Docket No. FD 35927, in which Eighteen Thirty Group, LLC (Eighteen Thirty) seeks Board approval to acquire the lines GCK wishes to operate.1 GCK certifies that: (1) Its projected annual revenues as a result of the transaction will not exceed $5 million and will not result in the creation of a Class II or Class I rail carrier; and (2) the Transaction Agreement between CSXT and Eighteen Thirty, which is dated April 10, 2015, does not contain an interchange commitment. The transaction may be consummated on or after May 31, 2015, the effective date of the exemption. 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 May 22, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35928, 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 Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M Street NW., 7th Floor, Washington, DC 20036. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: May 8, 2015. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–11915 Filed 5–14–15; 8:45 am] BILLING CODE 4915–01–P 1 On May 5, 2015, Eighteen Thirty and GCK filed a joint amendment indicating that a milepost designation was incorrectly described in their respective notices of exemption. However, on May 6, 2015, they jointly submitted a letter asking that the Board disregard their amendment. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Page 28047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11781]



[[Page 28047]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35772]


San Joaquin Valley Railroad Co.--Lease Amendment and Operation 
Exemption Including Interchange Commitment--BNSF Railway Company

    San Joaquin Valley Railroad Co. (SJVR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
continue to lease from BNSF Railway Company (BNSF) and operate the 
Landco spur line between the Porterville Subdivision, MP 111+ 4029 
feet, near Oil Junction, Cal., and milepost 113 + 3717 feet at or near 
Bakersfield, Cal., a distance of approximately 2.0  miles 
(the Leased Line).
    SJVR states that it has entered into an amendment to extend the 
term of, and make other minor changes to, the lease, which originally 
was part of a broader agreement between SJVR's predecessor, Tulare 
Valley Railroad Company, and BNSF's predecessor, The Atchison, Topeka 
and Santa Fe Railway Company (ATSF). SJVR states that it will continue 
to be the operator of the Leased Line.
    According to SJVR, the agreement between SJVR and BNSF contains an 
interchange commitment that affects interchange with carriers other 
than ATSF, now BNSF. In its verified notice of exemption, SJVR submits 
a map of the affected interchange points. As required under 49 CFR 
1150.43(h)(1), SJVR also provided additional information regarding the 
interchange commitment.
    SJVR has certified that its projected annual revenues as a result 
of this transaction will not result in its becoming a Class II or Class 
I rail carrier. However, SJVR's projected annual revenues following 
this transaction will exceed $5 million. Accordingly, SJVR is required 
by Board regulations to send notice of the transaction to the national 
offices of the labor unions with employees on the affected lines at 
least 60 days before this exemption is to become effective, to post a 
copy of the notice at the workplace of the employees on the affected 
lines, and to certify to the Board that it has done so. 49 CFR 
1150.42(e).
    SJVR, concurrently with its verified notice of exemption, filed a 
request for waiver of the 60-day advance labor notice requirement under 
49 CFR 1150.42(e). In that request SJVR asserts that: (1) No employees 
of the transferring carrier, BNSF, will be affected by the lease and no 
employees of BNSF or its predecessor have worked on the Leased Line 
since 1992; (2) no SJVR employees will be affected by the lease and 
there will be no operational changes; and (3) posting notices on the 
Leased Line would be futile because no BNSF employees work on the 
Leased Line. SJVR's waiver request will be addressed in a separate 
decision.
    SJVR states that it expects to consummate the transaction on the 
effective date of this exemption. The Board will establish in the 
decision on the waiver request the earliest date this transaction may 
be consummated.
    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 than May 22, 2015.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35772, 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 Eric M. Hocky, Clark Hill PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: May 12, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-11781 Filed 5-14-15; 8:45 am]
 BILLING CODE 4915-01-P