Southwestern Railroad, Inc.-Amended Lease and Operation Exemption-BNSF Railway Company, 53535-53536 [2016-19228]

Download as PDF Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices SURFACE TRANSPORTATION BOARD [Docket No. AB 1100X] mstockstill on DSK3G9T082PROD with NOTICES Pacific Harbor Line, Inc.— Discontinuance of Service Exemption—in Los Angeles County, CA Pacific Harbor Line, Inc. (PHL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 3.6-mile rail line in the Port of Los Angeles, between approximately milepost 4.00, north of Front Street and east of Gaffey Street Lead, and south to the end of the Line in Los Angeles County, CA (the Line). The Line traverses United States Postal Service Zip Code 90731. PHL has certified that: (1) No local traffic has moved over the Line for at least two years; (2) overhead traffic on the Line, if any, can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending before the Surface Transportation Board or any U.S. District Court or has been decided in favor of a complainant within the twoyear period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, this exemption will become effective on September 13, 2016 (50 days after the filing of the exemption), unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 1 1 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 must be filed by August 22, 2016.2 Petitions to reopen must be filed by September 1, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to PHL’s representative: Rose-Michele Nardi, 1701 Pennsylvania Ave. NW., Suite 300, Washington, DC 20006. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: August 5, 2016. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016–19233 Filed 8–11–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 34533 (Sub-No. 1)] Southwestern Railroad, Inc.— Amended Lease and Operation Exemption—BNSF Railway Company Southwestern Railroad, Inc. (SWRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate approximately 227.6 miles of rail line, located in New Mexico, from BNSF Railway Company (BNSF), as follows: (1) The Carlsbad Subdivision between milepost 0.5 at Clovis and milepost 183.0 at Carlsbad; (2) the Carlsbad Yard; 1 (3) the Carlsbad Industrial Spur between milepost 0.0 at Carlsbad and milepost 20.0 near Carlsbad; and (4) the Loving Industrial Spur between milepost 0.0 at Carlsbad and milepost 20.0 at Loving. SWRR and BNSF entered into a lease agreement in 2004,2 and they agreed to a fifth amendment to the lease on June 13, 2016.3 SWRR states that the current amendment modifies the original 2 Because PHL is seeking to discontinue service, not to abandon the Line, trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during abandonment, this discontinuance does not require an environmental review. 1 SWRR states that there are no mileposts associated with the approximately 5.1 miles of rail line located in the Carlsbad Yard. 2 See Sw. R.R.—Lease & Operation Exemption— BNSF Ry., FD 34533 (STB served Oct. 22, 2004). 3 SWRR states that the lease previously had been amended four times and that notice of the most recent amendment requiring Board approval was published in Southwestern Railroad—Lease & Operation Exemption—BNSF Railway, FD 35855 (STB served Oct. 1, 2014). PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 53535 agreement to: (1) Change the termination date of the existing agreement to January 17, 2017; and (2) confirm that upon termination, BNSF can immediately renew operations on the line notwithstanding that SWRR will not as of that date have obtained discontinuance authority. SWRR has certified that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier. SWRR anticipates that its projected annual revenues will exceed $5 million. Therefore, SWRR 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 line, to post a copy of the notice at the workplace of the employees on the affected line, and to certify to the Board that it has done so. 49 CFR 1150.42(e). On June 28, 2016, and again in its verified notice of exemption, SWRR certified that on or before June 28, 2016, SWRR complied with the requirements of 49 CFR 1150.42(e) by posting a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected line. SWRR did not serve a copy of the notice of intent on any labor unions because it asserts the line does not have any unionized labor. SWRR states that this transaction does not include any interchange commitment that prohibits SWRR from interchanging traffic with a third party or limits SWRR’s ability to interchange with a third party. SWRR states that it expects to consummate the transaction on or after August 28, 2016, the effective date of the exemption (30 days after the verified notice was filed). 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 August 19, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 34533 (Sub-No. 1), 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 William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. E:\FR\FM\12AUN1.SGM 12AUN1 53536 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: August 9, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2016–19228 Filed 8–11–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 33 (Sub-No. 330X)] mstockstill on DSK3G9T082PROD with NOTICES Union Pacific Railroad Company— Discontinuance of Service Exemption—in Port of Los Angeles’ San Pedro Subdivision, Los Angeles, CA Union Pacific Railroad Company (UP) has filed a verified notice of exemption 1 under 49 CFR part 1152 subpart F— Exempt Abandonments and Discontinuances of Service to discontinue a 3.6-mile freight rail operating easement over a portion of the San Pedro Industrial Lead a.k.a The West Basin Lead on the San Pedro Subdivision (the Line) in Los Angeles County, CA. The Line extends from milepost 4.00 north of Front Street and east of the Gaffey Street Lead past milepost 6.60, where the track splits, to the end of both the eastern and western leads as shown on Revised Exhibit C to the UP’s supplemental notice filed on August 3, 2016. The total mileage for the Line includes both leads. The Line traverses United States Postal Service Zip Code 90731. UP has certified that: (1) No local or overhead traffic has moved over the Line for at least two years; (2) there is no need to reroute any traffic over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is pending either with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the 1 This notice was originally filed on July 25, 2016. On August 2, 2016, and August 3, 2016, UP filed supplemental information clarifying the milepost designations and the distance on the Line on which it proposes to discontinue its freight easement service. VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, this exemption will be effective on September 13, 2016, unless stayed pending reconsideration.2 Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 3 must be filed by August 22, 2016.4 Petitions to reopen must be filed by September 1, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: August 5, 2016. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016–19234 Filed 8–11–16; 8:45 am] BILLING CODE 4915–01–P 2 Although UP states in its verified notice that the proposed consummation date of this transaction is September 10, 2016, this transaction cannot be consummated until September 13, 2016 (50 days from its filing date). 49 CFR 1152.50(d)(2). 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 4 Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require an environmental review. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2015–82] Petition for Exemption; Summary of Petition Received; USA Jet Airlines Federal Aviation Administration (FAA), DOT. ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before September 1, 2016. ADDRESSES: Send comments identified by docket number FAA–2015–6560 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 DATES: E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53535-53536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19228]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 34533 (Sub-No. 1)]


Southwestern Railroad, Inc.--Amended Lease and Operation 
Exemption--BNSF Railway Company

    Southwestern Railroad, Inc. (SWRR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate approximately 227.6 miles of rail line, located in 
New Mexico, from BNSF Railway Company (BNSF), as follows: (1) The 
Carlsbad Subdivision between milepost 0.5 at Clovis and milepost 183.0 
at Carlsbad; (2) the Carlsbad Yard; \1\ (3) the Carlsbad Industrial 
Spur between milepost 0.0 at Carlsbad and milepost 20.0 near Carlsbad; 
and (4) the Loving Industrial Spur between milepost 0.0 at Carlsbad and 
milepost 20.0 at Loving.
---------------------------------------------------------------------------

    \1\ SWRR states that there are no mileposts associated with the 
approximately 5.1 miles of rail line located in the Carlsbad Yard.
---------------------------------------------------------------------------

    SWRR and BNSF entered into a lease agreement in 2004,\2\ and they 
agreed to a fifth amendment to the lease on June 13, 2016.\3\ SWRR 
states that the current amendment modifies the original agreement to: 
(1) Change the termination date of the existing agreement to January 
17, 2017; and (2) confirm that upon termination, BNSF can immediately 
renew operations on the line notwithstanding that SWRR will not as of 
that date have obtained discontinuance authority.
---------------------------------------------------------------------------

    \2\ See Sw. R.R.--Lease & Operation Exemption--BNSF Ry., FD 
34533 (STB served Oct. 22, 2004).
    \3\ SWRR states that the lease previously had been amended four 
times and that notice of the most recent amendment requiring Board 
approval was published in Southwestern Railroad--Lease & Operation 
Exemption--BNSF Railway, FD 35855 (STB served Oct. 1, 2014).
---------------------------------------------------------------------------

    SWRR has certified that its projected annual revenues as a result 
of this transaction will not exceed those that would qualify it as a 
Class III rail carrier. SWRR anticipates that its projected annual 
revenues will exceed $5 million. Therefore, SWRR 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 line, to post a copy of the notice at the 
workplace of the employees on the affected line, and to certify to the 
Board that it has done so. 49 CFR 1150.42(e). On June 28, 2016, and 
again in its verified notice of exemption, SWRR certified that on or 
before June 28, 2016, SWRR complied with the requirements of 49 CFR 
1150.42(e) by posting a notice of its intent to undertake the proposed 
transaction at the workplace of the employees on the affected line. 
SWRR did not serve a copy of the notice of intent on any labor unions 
because it asserts the line does not have any unionized labor.
    SWRR states that this transaction does not include any interchange 
commitment that prohibits SWRR from interchanging traffic with a third 
party or limits SWRR's ability to interchange with a third party.
    SWRR states that it expects to consummate the transaction on or 
after August 28, 2016, the effective date of the exemption (30 days 
after the verified notice was filed).
    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 August 19, 2016 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 34533 (Sub-No. 1), 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 William A. Mullins, Baker & 
Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 
20037.

[[Page 53536]]

    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: August 9, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-19228 Filed 8-11-16; 8:45 am]
 BILLING CODE 4915-01-P
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