[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Page 68899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28327]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35968]


San Pedro Railroad Operating Company, LLC, d/b/a San Pedro & 
Southwestern Railroad--Lease and Operation Exemption--Union Pacific 
Railroad Company

    San Pedro Railroad Operating Company, LLC, d/b/a San Pedro & 
Southwestern Railroad (SPSR), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to lease and operate 
7,422 feet of track owned by the Union Pacific Railroad Company (UPRR). 
This trackage, which is known as the Willcox Yard, is located at UPRR 
milepost 1074 in Willcox, Ariz. (the Line).
    SPSR states that it has operated the Line pursuant to a lease 
entered into between SPSR and UPRR dated June 29, 2005 (the Initial 
Willcox Lease). According to SPSR, the Initial Willcox Lease expired on 
November 1, 2015. SPSR states that it has entered into a new lease with 
UPRR providing for SPSR's continued operation of the Line for a term of 
five years beginning on or about November 1, 2015 (the New Willcox 
Lease).\1\
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    \1\ In addition to invoking the class exemption for the New 
Willcox Lease, SPSR is asking the Board to grant retroactive 
authority for the Initial Willcox Lease. However, the class 
exemption invoked by SPSR does not provide for retroactive 
effectiveness.
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    The parties may consummate the transaction on or after November 22, 
2015, the effective date of the exemption (30 days after the verified 
notice of exemption was filed).\2\
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    \2\ Because SPSR amended its verified notice of exemption on 
October 23, 2015, that date is the official filing date and the 
basis for all subsequent dates.
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    SPSR certifies that, as a result of this transaction, its projected 
revenues will not result in the creation of a Class II or Class I rail 
carrier and will not exceed $5 million.
    SPSR states that the lease contains no interchange commitment 
between the parties.
    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 to stay must be filed no later than November 13, 
2015 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35968, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy must be 
served on applicant's representative, John D. Heffner, Strasburger & 
Price, LLP, 1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: November 3, 2015.

    By the Board.
Joseph H. Dettmar,
Acting Director, Office of Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-28327 Filed 11-5-15; 8:45 am]
BILLING CODE 4915-01-P