San Joaquin Valley Railroad Co.-Amended Lease and Operation Exemption-Sunset Railway Company, 31642-31643 [2015-13483]

Download as PDF 31642 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices Research and Technology Conversation FMCSA maintains an active research program to promote the Agency’s understanding of factors impacting safe driver behavior and carrier operations. The Agency also examines new technologies for their potential to improve motor carrier safety and the enforcement of commercial motor vehicle safety regulations. At the June 2015 MCSAC meeting, FMCSA plans to present its portfolio of current and planned research activities for committee members’ information and comment. FMCSA will also use the opportunity to solicit Committee input on additional areas of safety research. II. Meeting Participation Oral comments from the public will be heard during the last half-hour of the meetings each day. Should all public comments be exhausted prior to the end of the specified period, the comment period will close. Members of the public may submit written comments on the topics to be considered during the meeting by Wednesday, June 10, 2015, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006– 26367 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. Dated: May 27, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–13482 Filed 6–2–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board tkelley on DSK3SPTVN1PROD with NOTICES [Docket No. FD 35929] Peninsula Corridor Joint Powers Board—Petition for Declaratory Order By petition filed on May 19, 2015, the Peninsula Corridor Joint Powers Board (Caltrain), operator of the Caltrain commuter rail service between San Jose and San Francisco, Cal., seeks a declaratory order confirming that the VerDate Sep<11>2014 18:57 Jun 02, 2015 Jkt 235001 requirements of the California Environmental Quality Act (CEQA), as applied to Caltrain, are fully preempted by virtue of 49 U.S. C. 10501(b). Caltrain states that it is a rail carrier subject to the Board’s jurisdiction 1 and seeks to install electrical lines over its rail line, a project known as the Peninsula Corridor Electrification Project. Caltrain states that a local city and two interest groups have filed lawsuits against Caltrain in state court, challenging Caltrain’s compliance with CEQA. Caltrain argues that the improvements to its rail line and facilities are under the Board’s exclusive jurisdiction and that 49 U.S.C.10501(b) preempts the application of CEQA. Caltrain has requested that the Board issue an expedited declaratory order by June 30, 2015. Caltrain states that a Board order regarding preemption of CEQA issued prior to that date would eliminate controversy in advance of its initial state court appearance. To facilitate expedited consideration, Caltrain states that it has served a copy of its petition on all counsel of record in the state court lawsuits. The Board has discretionary authority under 5 U.S.C. 554(e) and 49 U.S.C. 721 to issue a declaratory order to eliminate a controversy or remove uncertainty. Here, it is appropriate to institute a declaratory order proceeding so that the Board can consider the issue raised in Caltrain’s petition regarding whether 10501(b) would preempt CEQA, as applied to Caltrain and its electrification project. The Board will therefore institute a proceeding to consider the matter. Interested persons may file substantive replies to Caltrain’s petition by June 8, 2015. It is ordered: 1. A declaratory order proceeding is instituted. 2. Interested persons may file substantive replies to Caltrain’s petition by June 8, 2015. 3. Notice of the Board’s action will be published in the Federal Register. 4. This decision is effective on its service date. Decided: May 29, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2015–13603 Filed 6–2–15; 8:45 am] BILLING CODE 4915–01–P 1 Caltrain and its managing agency, the San Mateo County Transit District, acquired the line from Southern Pacific Transportation Company in 1992. Peninsula Corridor Joint Powers Bd.—Acquis. Exemption—S. Pac. Transp. Co., FD 31980 (ICC served Jan. 17, 1992). PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35926] San Joaquin Valley Railroad Co.— Amended Lease and Operation Exemption—Sunset 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 and operate approximately 19.75 miles of rail line from Sunset Railway Company (Sunset) between milepost 0.05 at Gosford, Cal., and milepost 19.8 at Levee, Cal. In 1997, SJVR entered into a lease with Sunset under which SJVR leased the line between milepost 0.05 at Gosford and milepost 36.3 at Taft, Cal.1 The portion of the line between the current endpoint in Levee at milepost 19.8 (previously reported as milepost 20.0) and milepost 36.3 was abandoned by Sunset and discontinued by SJVR.2 SJVR and Sunset have now reached agreement on an amended and restated lease that would extend the term of the lease through December 21, 2019,3 and would make other changes to the original lease. SJVR certifies that neither the amended lease nor the original lease from 1997 include an interchange commitment. Additionally, SJVR certifies that the projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, but that its projected annual revenues will exceed $5 million. Accordingly, SJVR is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so. 49 CFR 1150.42(e). SJVR, concurrently with its notice of exemption, filed a petition for waiver of the 60-day advance labor notice requirement under 1150.42(e), asserting that: (1) There will be no changes for 1 See San Joaquin Valley R.R.—Acquis. & Operation Exemption—Sunset Ry., FD 33404 (STB served June 18, 1997) (milepost corrected by decision served on June 27, 1997). 2 See Sunset Ry.—Aban. Exemption—in Kern Cnty., Cal., AB 170 (Sub-No. 1X) (STB served Dec. 21, 2004). 3 This amended lease agreement provides for the lease to renew automatically for five successive five-year terms unless either party delivers written notice of its desire not to renew the lease not less than 180 days prior to the end of the initial or any subsequent five-year term. E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices any employees working on the leased premises because SJVR already leases the line and has been the sole common carrier operator since 1997; and (2) no employees of Sunset have worked on the line since before 1997. SJVR’s waiver request will be addressed in a separate decision. SJVR states that it intends to consummate the transaction on or shortly after the effective date of this transaction. 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 June 10, 2015. An original and 10 copies of all pleadings, referring to Docket No. FD 35926, 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 applicant’s representative, 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 29, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2015–13483 Filed 6–2–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35925] tkelley on DSK3SPTVN1PROD with NOTICES Michael Williams—Continuance in Control Exemption—Boot Hill & Western Railway Holding Co., Inc. Michael Williams (Williams), a noncarrier individual, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), to continue in control of Boot Hill & Western Railway Holding Co., Inc. (Holding), a noncarrier holding company owned and controlled by Williams, upon its becoming a common carrier.1 Williams has 1 By letters filed on May 15 and May 18, 2015, Williams clarified that he intends to continue in VerDate Sep<11>2014 18:57 Jun 02, 2015 Jkt 235001 submitted to the Board a redacted, public version of the Agreement for Sale of Certain Assets, Rights and Obligations of Boot Hill & Western Railway Co., LC (Agreement).2 This transaction is related to a concurrently filed verified notice of exemption in Boot Hill & W. Ry. Holding Co., Inc.—Acquisition and Operation Exemption—Boot Hill & W. Ry., Docket FD 35924, wherein Holding seeks Board approval to acquire and operate approximately 10.2 miles of rail line owned by Boot Hill & Western Railway Co., LC (BHWR) extending between milepost 15.8, at or near Wilroads, and milepost 26.0, at Dodge City, in Ford County, Kan. The transaction may be consummated on June 17, 2015, (the effective date of this notice).3 Williams currently owns and controls the following four Class III rail carriers: (1) BG & CM Railroad (76.2 miles of rail line in Idaho); (2) Ozark Valley Railroad (24.99 miles of purchased and leased rail line in Missouri); (3) Dakota Southern Railway Company (operating rights over two track segments in South Dakota); and (4) McCloud Railway (19.6 miles of rail line in California). Williams certifies that: (1) BHWR does not connect with any other railroads owned and controlled by Williams; (2) the proposed transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the proposed transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). 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 all of the carriers involved are Class III carriers. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the control of Holding upon Holding’s acquisition and operation of Boot Hill & Western Railway Co., LC. 2 With his verified notice of exemption, Williams filed under seal an unredacted copy of relevant portions of the Agreement and a motion for protective order to allow limited access to those portions of the agreement. That motion is being addressed separately. 3 Because, as noted, Williams supplemented his verified notice on May 15 and May 18, 2015, the later date, May 18, 2015 will be considered the filing date of the verified notice. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 31643 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 by June 10, 2015 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35925, 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: Charles H. Montange, Law Offices of Charles H. Montange, 426 NW 162d St., Seattle, WA 98177. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: May 29, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina Contee, Clearance Clerk. [FR Doc. 2015–13484 Filed 6–2–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION [Docket No. DOT–OST–2015–0112] Agency Requests for Reinstatement of a Previously Approved Information Collection(s): Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and for Grants and Cooperative Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations Department of Transportation. Notice and request for comments. AGENCY: ACTION: The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval previously approved information collection. This information collection involves the use of various forms necessary because of management and oversight responsibilities of the agency imposed by OMB Circular 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. These forms include Application for Federal Assistance (SF–424), Federal Financial Report (SF–425), Request for Advance or Reimbursement (SF–270), and Outlay Report and Request for Reimbursement for Construction Programs (SF–271). We are required to publish this notice in the Federal Register by the SUMMARY: E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31642-31643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13483]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35926]


San Joaquin Valley Railroad Co.--Amended Lease and Operation 
Exemption--Sunset 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 and operate approximately 19.75 miles of rail line 
from Sunset Railway Company (Sunset) between milepost 0.05 at Gosford, 
Cal., and milepost 19.8 at Levee, Cal.
    In 1997, SJVR entered into a lease with Sunset under which SJVR 
leased the line between milepost 0.05 at Gosford and milepost 36.3 at 
Taft, Cal.\1\ The portion of the line between the current endpoint in 
Levee at milepost 19.8 (previously reported as milepost 20.0) and 
milepost 36.3 was abandoned by Sunset and discontinued by SJVR.\2\ SJVR 
and Sunset have now reached agreement on an amended and restated lease 
that would extend the term of the lease through December 21, 2019,\3\ 
and would make other changes to the original lease.
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    \1\ See San Joaquin Valley R.R.--Acquis. & Operation Exemption--
Sunset Ry., FD 33404 (STB served June 18, 1997) (milepost corrected 
by decision served on June 27, 1997).
    \2\ See Sunset Ry.--Aban. Exemption--in Kern Cnty., Cal., AB 170 
(Sub-No. 1X) (STB served Dec. 21, 2004).
    \3\ This amended lease agreement provides for the lease to renew 
automatically for five successive five-year terms unless either 
party delivers written notice of its desire not to renew the lease 
not less than 180 days prior to the end of the initial or any 
subsequent five-year term.
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    SJVR certifies that neither the amended lease nor the original 
lease from 1997 include an interchange commitment. Additionally, SJVR 
certifies that the projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, but that its projected annual revenues will exceed $5 
million. Accordingly, SJVR is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    SJVR, concurrently with its notice of exemption, filed a petition 
for waiver of the 60-day advance labor notice requirement under 
1150.42(e), asserting that: (1) There will be no changes for

[[Page 31643]]

any employees working on the leased premises because SJVR already 
leases the line and has been the sole common carrier operator since 
1997; and (2) no employees of Sunset have worked on the line since 
before 1997. SJVR's waiver request will be addressed in a separate 
decision.
    SJVR states that it intends to consummate the transaction on or 
shortly after the effective date of this transaction. 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 June 10, 2015.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35926, 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 applicant's representative, 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 29, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-13483 Filed 6-2-15; 8:45 am]
BILLING CODE 4915-01-P