Peninsula Corridor Joint Powers Board-Petition for Declaratory Order, 31642 [2015-13603]

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

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[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Page 31642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13603]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[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 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.
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    \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).
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    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