[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Notices]
[Pages 6731-6732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01356]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36466]


San Joaquin Valley Railroad Co.--Lease and Operation Exemption 
Including Interchange Commitment--Union Pacific Railroad Company

    San Joaquin Valley Railroad Co. (SJVR), a Class III railroad, filed 
a verified notice of exemption under 49 CFR 1150.41 to continue to 
lease from Union Pacific Railroad Company (UP) and operate 101.5 miles 
of rail lines (the Lines), specifically: (1) The Westside Branch (Lower 
Los Banos) from Oxalis, Cal., milepost 159.9 to milepost 181.9,

[[Page 6732]]

at or near Ingle, Cal.; (2) the Westside Branch (Lower Los Banos) from 
Ingle, milepost 181.9 to Fresno, Cal., at milepost 207.0 and including 
the Riverdale Branch from Ingle, milepost 181.8 to the end of the track 
at or near milepost 206.2 at Burrell, Cal.; (3) the Buttonwillow Branch 
from Kern Jct., Cal., milepost 316.3 to Gosford, Cal., milepost 322.6; 
and (4) the Buttonwillow Branch from Gosford, milepost 322.6 to the end 
of the track at or near Buttonwillow, Cal., milepost 346.3.
    According to SJVR, it has entered into a lease with UP (the Lease) 
to replace a 1994 lease (the Original Lease) between UP's predecessor 
company, Southern Pacific Transportation Company, and SJVR, as an 
assignee of Port Railroads, Inc., and that SJVR is currently the 
operator of the Lines under the Original Lease.\1\ SJVR states that it 
entered the Lease with UPRR on December 28, 2020, to further extend the 
term of the Original Lease and make other commercial revisions and that 
SJVR will continue to be the operator after the transaction.
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    \1\ See Port R.Rs.--Lease & Operation Exemption--S. Pac. Transp. 
Co., FD 32457 (ICC served Mar. 14, 1994) (authorizing lease of 
approximately 107.438 miles of line); San Joaquin Valley R.R.--Corp. 
Family Transaction Exemption--Port R.Rs., FD 32906 (STB served May 
3, 1996). According to the verified notice, the milepost 
designations differ slightly from the Original Lease, reflecting 
updated mileposts on the Lines.
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    SJVR certifies that the Lease contains an interchange 
commitment.\2\ Accordingly, SJVR has provided additional information 
regarding the interchange commitment, as required by 49 CFR 1150.43(h).
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    \2\ A copy of the Lease with the interchange commitment was 
submitted under seal. See 49 CFR 1150.43(h)(1).
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    SJVR certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
carrier but also certifies that its revenues currently exceed $5 
million. Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual 
revenues will exceed $5 million, it must, at least 60 days before the 
exemption becomes effective, post a notice of its intent to undertake 
the proposed transaction at the workplace of the employees on the 
affected lines, serve a copy of the notice on the national offices of 
the labor unions with employees on the affected lines, and certify to 
the Board that it has done so. However, SJVR's verified notice includes 
a request for waiver of the 60-day advance labor notice requirements. 
SJVR's waiver request will be addressed in a separate decision. The 
Board will establish the effective date of the exemption in its 
separate decision on the waiver request.
    If the verified 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 January 29, 
2021.
    All pleadings, referring to Docket No. FD 36466, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on SJVR's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to SJVR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: January 15, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-01356 Filed 1-21-21; 8:45 am]
BILLING CODE 4915-01-P