[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31642-31643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13483]


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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.
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    \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.
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    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

[[Page 31643]]

any employees working on the leased premises because SJVR already 
leases the line and has been the sole common carrier operator since 
1997; and (2) no employees of Sunset have worked on the line since 
before 1997. SJVR's waiver request will be addressed in a separate 
decision.
    SJVR states that it intends to consummate the transaction on or 
shortly after the effective date of this transaction. The Board will 
establish in the decision on the waiver request the earliest date this 
transaction may be consummated.
    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 June 10, 2015.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35926, 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 applicant's representative, Eric M. Hocky, 
Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: May 29, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-13483 Filed 6-2-15; 8:45 am]
BILLING CODE 4915-01-P