[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Page 57802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23511]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36301]


Oakland Global Rail Enterprise, LLC--Acquisition Exemption--Rail 
Line in Alameda County, Cal.

    Oakland Global Rail Enterprise, LLC (OGRE), has filed a verified 
notice of exemption under 49 CFR 1150.31 for authority after-the-fact 
to acquire by sublease from Oakland Bulk & Oversized Terminal, LLC 
(OBOT), approximately 15,000 lineal feet of rail line (located within 
approximately 11.5 acres of rail right of way) at the former Oakland 
Army Base (OAB) in Alameda County, Cal. (the Line).\1\ OGRE states that 
the length of the Line includes parallel tracks running within the rail 
right-of-way, and that the Line does not have milepost designations.
---------------------------------------------------------------------------

    \1\ As explained more fully in previous decisions in this 
docket, OGRE filed its verified notice in response to the Board's 
decision in Oakland Global Rail Enterprise--Petition for Declaratory 
Order, FD 36168 (STB served Mar. 15, 2019), and thereafter, the 
effective date of the exemption was postponed pending further order 
of the Board. Concurrent with the publication of this notice, the 
Board is serving a decision denying a petition by the City of 
Oakland to reject or revoke OGRE's verified notice and making the 
exemption effective on November 11, 2019. See Oakland Glob. Rail 
Enter.--Acquis. Exemption--Rail Line in Alameda Cty., Cal., FD 36301 
et al. (STB served October 28, 2019).
---------------------------------------------------------------------------

    According to OGRE, the City of Oakland leased to OBOT, an affiliate 
of OGRE, an existing railroad right-of-way located at the OAB, a 
portion of which includes the Line. OGRE subleased the railroad right-
of-way from OBOT on June 26, 2018, with the intent to rehabilitate the 
rail line within that right-of-way in order to provide rail service to 
the rail-to-ship bulk commodity marine terminal OBOT plans to build at 
the OAB. OGRE states that it is not seeking authority to operate the 
Line at this time but that in the near future it plans to seek 
operating authority for what will be its entire rail line, which will 
encompass track in addition to the Line.
    OGRE certifies that the projected annual revenues as a result of 
this transaction will not exceed the amount that would qualify OGRE as 
a Class III railroad, and that the projected annual revenue for the 
Line will not exceed $5 million. OGRE also states that its agreement 
with OBOT does not contain any provision that would prohibit, restrict, 
or otherwise limit future interchange with any third-party carrier.
    This exemption will become effective on November 11, 2019.
    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 4, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36301, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on OGRE's representative, Kathryn 
Kusske Floyd, Venable LLP, 600 Massachusetts Avenue NW, Washington, DC 
20001.
    According to OGRE, this action is categorically excluded from 
environmental review under 49 CFR. 1105.6(c) and from historic 
reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: October 23, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2019-23511 Filed 10-25-19; 8:45 am]
 BILLING CODE 4915-01-P