81 FR 53535 - Pacific Harbor Line, Inc.-Discontinuance of Service Exemption-in Los Angeles County, CA

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range		53535-53535
FR Document		2016-19233

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)

[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Page 53535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19233]



[[Page 53535]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1100X]


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 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 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\ 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.
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    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \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.
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    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

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53535

SURFACE TRANSPORTATION BOARD must be filed by August 22, 2016.2 agreement to: (1) Change the
Petitions to reopen must be filed by termination date of the existing
[Docket No. AB 1100X] September 1, 2016, with the Surface agreement to January 17, 2017; and (2)
Transportation Board, 395 E Street SW., confirm that upon termination, BNSF
Pacific Harbor Line, Inc.— Washington, DC 20423–0001. can immediately renew operations on
Discontinuance of Service A copy of any petition filed with the the line notwithstanding that SWRR
Exemption—in Los Angeles County, Board should be sent to PHL’s will not as of that date have obtained
CA representative: Rose-Michele Nardi, discontinuance authority.
1701 Pennsylvania Ave. NW., Suite 300, SWRR has certified that its projected
Pacific Harbor Line, Inc. (PHL), a Washington, DC 20006. annual revenues as a result of this
Class III rail carrier, has filed a verified If the verified notice contains false or transaction will not exceed those that
notice of exemption under 49 CFR pt. misleading information, the exemption would qualify it as a Class III rail
1152 subpart F—Exempt Abandonments is void ab initio. carrier. SWRR anticipates that its
and Discontinuances of Service to Board decisions and notices are projected annual revenues will exceed
discontinue service over an available on our Web site at $5 million. Therefore, SWRR is
approximately 3.6-mile rail line in the ‘‘WWW.STB.DOT.GOV.’’ required, at least 60 days before this
Port of Los Angeles, between
Decided: August 5, 2016. exemption is to become effective, to
approximately milepost 4.00, north of
By the Board, Joseph H. Dettmar, Acting send notice of the transaction to the
Front Street and east of Gaffey Street
Director, Office of Proceedings. national offices of the labor unions with
Lead, and south to the end of the Line
Jeffrey Herzig, employees on the affected line, to post
in Los Angeles County, CA (the Line).
Clearance Clerk. a copy of the notice at the workplace of
The Line traverses United States Postal
the employees on the affected line, and
Service Zip Code 90731. [FR Doc. 2016–19233 Filed 8–11–16; 8:45 am]
to certify to the Board that it has done
PHL has certified that: (1) No local BILLING CODE 4915–01–P
so. 49 CFR 1150.42(e). On June 28, 2016,
traffic has moved over the Line for at
and again in its verified notice of
least two years; (2) overhead traffic on
SURFACE TRANSPORTATION BOARD exemption, SWRR certified that on or
the Line, if any, can be rerouted over
before June 28, 2016, SWRR complied
other lines; (3) no formal complaint [Docket No. FD 34533 (Sub-No. 1)] with the requirements of 49 CFR
filed by a user of rail service on the Line
1150.42(e) by posting a notice of its
(or by a state or local government entity Southwestern Railroad, Inc.— intent to undertake the proposed
acting on behalf of such user) regarding Amended Lease and Operation transaction at the workplace of the
cessation of service over the Line either Exemption—BNSF Railway Company employees on the affected line. SWRR
is pending before the Surface
Southwestern Railroad, Inc. (SWRR), did not serve a copy of the notice of
Transportation Board or any U.S.
a Class III rail carrier, has filed a verified intent on any labor unions because it
District Court or has been decided in
notice of exemption under 49 CFR asserts the line does not have any
favor of a complainant within the two-
1150.41 to continue to lease and operate unionized labor.
year period; and (4) the requirements at
49 CFR 1105.12 (newspaper approximately 227.6 miles of rail line, SWRR states that this transaction does
publication), and 49 CFR 1152.50(d)(1) located in New Mexico, from BNSF not include any interchange
(notice to governmental agencies) have Railway Company (BNSF), as follows: commitment that prohibits SWRR from
been met. (1) The Carlsbad Subdivision between interchanging traffic with a third party
As a condition to this exemption, any milepost 0.5 at Clovis and milepost or limits SWRR’s ability to interchange
employee adversely affected by the 183.0 at Carlsbad; (2) the Carlsbad with a third party.
discontinuance shall be protected under Yard; 1 (3) the Carlsbad Industrial Spur SWRR states that it expects to
Oregon Short Line Railroad— between milepost 0.0 at Carlsbad and consummate the transaction on or after
Abandonment Portion Goshen Branch milepost 20.0 near Carlsbad; and (4) the August 28, 2016, the effective date of
Between Firth & Ammon, in Bingham & Loving Industrial Spur between the exemption (30 days after the verified
Bonneville Counties, Idaho, 360 I.C.C. milepost 0.0 at Carlsbad and milepost notice was filed).
91 (1979). To address whether this 20.0 at Loving. If the notice contains false or
condition adequately protects affected SWRR and BNSF entered into a lease misleading information, the exemption
employees, a petition for partial agreement in 2004,2 and they agreed to is void ab initio. Petitions to revoke the
revocation under 49 U.S.C. 10502(d) a fifth amendment to the lease on June exemption under 49 U.S.C. 10502(d)
must be filed. 13, 2016.3 SWRR states that the current may be filed at any time. The filing of
Provided no formal expression of amendment modifies the original a petition to revoke will not
intent to file an offer of financial automatically stay the effectiveness of
assistance (OFA) to subsidize continued
2 Because PHL is seeking to discontinue service,
the exemption. Petitions for stay must
not to abandon the Line, trail use/rail banking and be filed no later than August 19, 2016
rail service has been received, this public use conditions are not appropriate. Because
exemption will become effective on there will be environmental review during (at least seven days before the
September 13, 2016 (50 days after the abandonment, this discontinuance does not require exemption becomes effective).
filing of the exemption), unless stayed an environmental review. An original and 10 copies of all
1 SWRR states that there are no mileposts
pending reconsideration. Petitions to pleadings, referring to Docket No. FD
associated with the approximately 5.1 miles of rail
34533 (Sub-No. 1), must be filed with
mstockstill on DSK3G9T082PROD with NOTICES

stay that do not involve environmental line located in the Carlsbad Yard.
issues and formal expressions of intent 2 See Sw. R.R.—Lease & Operation Exemption— the Surface Transportation Board, 395 E
to file an OFA to subsidize continued BNSF Ry., FD 34533 (STB served Oct. 22, 2004). Street SW., Washington, DC 20423–
rail service under 49 CFR 1152.27(c)(2) 1
3 SWRR states that the lease previously had been 0001. In addition, one copy of each
amended four times and that notice of the most pleading must be served on William A.
recent amendment requiring Board approval was
1 Each OFA must be accompanied by the filing published in Southwestern Railroad—Lease &
Mullins, Baker & Miller PLLC, 2401
fee, which is currently set at $1,600. See 49 CFR Operation Exemption—BNSF Railway, FD 35855 Pennsylvania Ave. NW., Suite 300,
1002.2(f)(25). (STB served Oct. 1, 2014). Washington, DC 20037.

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Document Created: 2018-02-09 11:33:36
Document Modified: 2018-02-09 11:33:36

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		81 FR 53535