[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29839-29840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11988]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35789]


Pacific Harbor Line, Inc.--Lease and Operation Exemption--Union 
Pacific Railroad Company

    Pacific Harbor Line, Inc. (PHL), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Union Pacific Railroad Company (UP), and to operate, pursuant to a 
lease agreement, approximately 30,820 feet of rail line, known as the 
Santa Ana Bypass Track, extending from milepost 21.7 at CP Compton to 
milepost 15.9 at Firestone Park in Los Angeles County, Cal.
    This transaction is related to a concurrently filed verified notice 
of exemption in Pacific Harbor Line, Inc.--Operation Exemption--Union 
Pacific Railroad Company, Docket No. FD 35814, wherein PHL seeks Board 
approval to operate, also pursuant to the above lease agreement, 
approximately 5.75 miles of rail line that UP currently operates in Los 
Angeles County, Cal. This line is owned by the City of Los Angeles, 
Cal., acting by and through its Board of Harbor Commissioners, and the 
City of Long Beach, Cal., acting by and through its Board of Harbor 
Commissioners.
    According to PHL, the agreement between PHL and UP does not contain 
any provision that may limit future interchange of traffic with any 
third-party connecting carrier. PHL states that, under the terms of the 
lease, UP will retain the exclusive common carrier obligation to 
provide service over the line.
    PHL intends to consummate the proposed transaction 30 days or more 
after the exemption was filed (May 7, 2014), or 60 days or more after 
filing its certification with the Board pursuant to 49 CFR 1150.42(e).
    PHL certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier. Because PHL's projected annual revenues will exceed $5 
million, PHL certified to the Board on April 30, 2014, that it had 
complied with the requirements of 49 CFR 1150.32(e) by providing notice 
to employees and their labor unions on the affected 30,820 feet of rail 
line. Under 49 CFR 1150.32(e), this exemption cannot become effective 
until 60 days after the date notice was provided, which would be June 
29, 2014.
    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 June 20, 2014 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35789, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Rose-Michele Nardi, Transport Counsel PC, 
1701 Pennsylvania Avenue NW., Suite 300, Washington, DC 20006.

[[Page 29840]]

    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: May 19, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-11988 Filed 5-22-14; 8:45 am]
BILLING CODE 4915-01-P