[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Page 31642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13603]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35929]


Peninsula Corridor Joint Powers Board--Petition for Declaratory 
Order

    By petition filed on May 19, 2015, the Peninsula Corridor Joint 
Powers Board (Caltrain), operator of the Caltrain commuter rail service 
between San Jose and San Francisco, Cal., seeks a declaratory order 
confirming that the requirements of the California Environmental 
Quality Act (CEQA), as applied to Caltrain, are fully preempted by 
virtue of 49 U.S. C. 10501(b). Caltrain states that it is a rail 
carrier subject to the Board's jurisdiction \1\ and seeks to install 
electrical lines over its rail line, a project known as the Peninsula 
Corridor Electrification Project. Caltrain states that a local city and 
two interest groups have filed lawsuits against Caltrain in state 
court, challenging Caltrain's compliance with CEQA. Caltrain argues 
that the improvements to its rail line and facilities are under the 
Board's exclusive jurisdiction and that 49 U.S.C.10501(b) preempts the 
application of CEQA.
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    \1\ Caltrain and its managing agency, the San Mateo County 
Transit District, acquired the line from Southern Pacific 
Transportation Company in 1992. Peninsula Corridor Joint Powers 
Bd.--Acquis. Exemption--S. Pac. Transp. Co., FD 31980 (ICC served 
Jan. 17, 1992).
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    Caltrain has requested that the Board issue an expedited 
declaratory order by June 30, 2015. Caltrain states that a Board order 
regarding preemption of CEQA issued prior to that date would eliminate 
controversy in advance of its initial state court appearance. To 
facilitate expedited consideration, Caltrain states that it has served 
a copy of its petition on all counsel of record in the state court 
lawsuits.
    The Board has discretionary authority under 5 U.S.C. 554(e) and 49 
U.S.C. 721 to issue a declaratory order to eliminate a controversy or 
remove uncertainty. Here, it is appropriate to institute a declaratory 
order proceeding so that the Board can consider the issue raised in 
Caltrain's petition regarding whether 10501(b) would preempt CEQA, as 
applied to Caltrain and its electrification project. The Board will 
therefore institute a proceeding to consider the matter. Interested 
persons may file substantive replies to Caltrain's petition by June 8, 
2015.
    It is ordered:
    1. A declaratory order proceeding is instituted.
    2. Interested persons may file substantive replies to Caltrain's 
petition by June 8, 2015.
    3. Notice of the Board's action will be published in the Federal 
Register.
    4. This decision is effective on its service date.

    Decided: May 29, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-13603 Filed 6-2-15; 8:45 am]
BILLING CODE 4915-01-P