80 FR 31642 - Peninsula Corridor Joint Powers Board-Petition for Declaratory Order
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 106 (June 3, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 106 (June 3, 2015)
| Page Range | 31642-31642 | |
| FR Document | 2015-13603 |
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)] [Notices] [Page 31642] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13603] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![31642 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices
Research and Technology Conversation requirements of the California DEPARTMENT OF TRANSPORTATION
FMCSA maintains an active research Environmental Quality Act (CEQA), as
applied to Caltrain, are fully preempted Surface Transportation Board
program to promote the Agency’s
understanding of factors impacting safe by virtue of 49 U.S. C. 10501(b). Caltrain [Docket No. FD 35926]
driver behavior and carrier operations. states that it is a rail carrier subject to
The Agency also examines new the Board’s jurisdiction 1 and seeks to San Joaquin Valley Railroad Co.—
technologies for their potential to install electrical lines over its rail line, Amended Lease and Operation
improve motor carrier safety and the a project known as the Peninsula Exemption—Sunset Railway Company
enforcement of commercial motor Corridor Electrification Project. Caltrain
states that a local city and two interest San Joaquin Valley Railroad Co.
vehicle safety regulations. At the June (SJVR), a Class III rail carrier, has filed
2015 MCSAC meeting, FMCSA plans to groups have filed lawsuits against
Caltrain in state court, challenging a verified notice of exemption under 49
present its portfolio of current and CFR 1150.41 to continue to lease and
planned research activities for Caltrain’s compliance with CEQA.
Caltrain argues that the improvements operate approximately 19.75 miles of
committee members’ information and rail line from Sunset Railway Company
comment. FMCSA will also use the to its rail line and facilities are under
the Board’s exclusive jurisdiction and (Sunset) between milepost 0.05 at
opportunity to solicit Committee input Gosford, Cal., and milepost 19.8 at
on additional areas of safety research. that 49 U.S.C.10501(b) preempts the
application of CEQA. Levee, Cal.
II. Meeting Participation In 1997, SJVR entered into a lease
Caltrain has requested that the Board
with Sunset under which SJVR leased
Oral comments from the public will issue an expedited declaratory order by
the line between milepost 0.05 at
be heard during the last half-hour of the June 30, 2015. Caltrain states that a
Gosford and milepost 36.3 at Taft, Cal.1
meetings each day. Should all public Board order regarding preemption of
The portion of the line between the
comments be exhausted prior to the end CEQA issued prior to that date would
current endpoint in Levee at milepost
of the specified period, the comment eliminate controversy in advance of its
19.8 (previously reported as milepost
period will close. Members of the public initial state court appearance. To
20.0) and milepost 36.3 was abandoned
may submit written comments on the facilitate expedited consideration,
by Sunset and discontinued by SJVR.2
topics to be considered during the Caltrain states that it has served a copy
SJVR and Sunset have now reached
meeting by Wednesday, June 10, 2015, of its petition on all counsel of record
agreement on an amended and restated
to Federal Docket Management System in the state court lawsuits.
lease that would extend the term of the
(FDMC) Docket Number FMCSA–2006– The Board has discretionary authority
lease through December 21, 2019,3 and
26367 using any of the following under 5 U.S.C. 554(e) and 49 U.S.C. 721
would make other changes to the
methods: to issue a declaratory order to eliminate
original lease.
• Federal eRulemaking Portal: Go to a controversy or remove uncertainty. SJVR certifies that neither the
http://www.regulations.gov. Follow the Here, it is appropriate to institute a amended lease nor the original lease
online instructions for submitting declaratory order proceeding so that the from 1997 include an interchange
comments. Board can consider the issue raised in commitment. Additionally, SJVR
• Fax: 202–493–2251. Caltrain’s petition regarding whether certifies that the projected annual
• Mail: Docket Management Facility; 10501(b) would preempt CEQA, as revenues as a result of this transaction
U.S. Department of Transportation, 1200 applied to Caltrain and its electrification will not result in the creation of a Class
New Jersey Avenue SE., West Building, project. The Board will therefore II or Class I rail carrier, but that its
Room W12–140, Washington, DC 20590. institute a proceeding to consider the projected annual revenues will exceed
• Hand Delivery: U.S. Department of matter. Interested persons may file $5 million. Accordingly, SJVR is
Transportation, 1200 New Jersey substantive replies to Caltrain’s petition required, at least 60 days before this
Avenue SE., Room W12–140, by June 8, 2015. exemption is to become effective, to
Washington, DC, between 9 a.m. and 5 It is ordered: send notice of the transaction to the
p.m., E.T. Monday through Friday, 1. A declaratory order proceeding is national offices of the labor unions with
except Federal holidays. instituted. employees on the affected lines, post a
Dated: May 27, 2015. 2. Interested persons may file copy of the notice at the workplace of
Larry W. Minor, substantive replies to Caltrain’s petition the employees on the affected lines, and
Associate Administrator for Policy. by June 8, 2015. certify to the Board that it has done so.
[FR Doc. 2015–13482 Filed 6–2–15; 8:45 am] 3. Notice of the Board’s action will be 49 CFR 1150.42(e).
BILLING CODE 4910–EX–P
published in the Federal Register. SJVR, concurrently with its notice of
4. This decision is effective on its exemption, filed a petition for waiver of
service date. the 60-day advance labor notice
DEPARTMENT OF TRANSPORTATION Decided: May 29, 2015. requirement under 1150.42(e), asserting
By the Board, Rachel D. Campbell, that: (1) There will be no changes for
Surface Transportation Board Director, Office of Proceedings.
1 See San Joaquin Valley R.R.—Acquis. &
[Docket No. FD 35929] Raina S. Contee, Operation Exemption—Sunset Ry., FD 33404 (STB
Clearance Clerk. served June 18, 1997) (milepost corrected by
Peninsula Corridor Joint Powers [FR Doc. 2015–13603 Filed 6–2–15; 8:45 am] decision served on June 27, 1997).
Board—Petition for Declaratory Order 2 See Sunset Ry.—Aban. Exemption—in Kern
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 4915–01–P
Cnty., Cal., AB 170 (Sub-No. 1X) (STB served Dec.
By petition filed on May 19, 2015, the 21, 2004).
Peninsula Corridor Joint Powers Board 1 Caltrain and its managing agency, the San Mateo 3 This amended lease agreement provides for the
(Caltrain), operator of the Caltrain County Transit District, acquired the line from lease to renew automatically for five successive
Southern Pacific Transportation Company in 1992. five-year terms unless either party delivers written
commuter rail service between San Jose Peninsula Corridor Joint Powers Bd.—Acquis. notice of its desire not to renew the lease not less
and San Francisco, Cal., seeks a Exemption—S. Pac. Transp. Co., FD 31980 (ICC than 180 days prior to the end of the initial or any
declaratory order confirming that the served Jan. 17, 1992). subsequent five-year term.
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Document Created: 2015-12-15 15:08:48
Document Modified: 2015-12-15 15:08:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 31642 |
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