[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Page 57803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23512]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36303]


City of Oakland, Cal.--Acquisition Exemption--Former Oakland Army 
Base, Alameda County, Cal.

    The City of Oakland, Cal. (the City), has filed a verified notice 
of exemption under 49 CFR 1150.31 for authority after-the-fact to 
acquire from the U.S. Army approximately 15,000 feet of track situated 
within City-owned areas of the former Oakland Army Base (OAB) in the 
City of Oakland, Alameda County, Cal. (the Line).\1\ The City states 
that it is not aware that the Line has milepost numbers.
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    \1\ As explained more fully in previous decisions in this 
docket, the City 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 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).
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    According to the City, it acquired the Line, through its 
predecessors-in-interest Oakland Base Reuse Authority and Oakland 
Redevelopment Agency, in a series of fee and easement transactions 
between 2003 and 2012. The City states that, at the time of the 
acquisition, it was not aware that the OAB contained trackage subject 
to the jurisdiction of the Board and did not seek Board authority to 
acquire the Line. The City states that it previously had entered into 
an agreement with Oakland Bulk & Oversized Terminal, LLC (OBOT) 
permitting OBOT to conduct ``rail activities,'' and that OBOT in turn 
``subleased rail activities to [Oakland Global Rail Enterprise, LLC].'' 
According to the City, however, both agreements were terminated 
effective November 23, 2018. The City states that it will contract with 
a third-party operator for the Line ``once there is demonstrated demand 
and funding for rail service.'' \2\
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    \2\ The City states that it never has had any intention of 
holding itself out as a common carrier by rail or providing rail 
service itself on the Line. In general, however, acquiring a rail 
line imposes a common carrier obligation to provide service upon 
reasonable request. See, e.g., Groome & Assoc., Inc. v. Greenville 
Cty. Econ. Dev. Corp., NOR 42087, slip op. at 10 (STB served July 
27, 2005).
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    The City certifies that its revenues from freight operations will 
not result in the creation of a Class I or Class II carrier. The City 
also states that no interchange agreements are involved in the subject 
transaction.
    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 36303, 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 the City's representative, 
Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1634 I (Eye) Street 
NW, Suite 300, Washington, DC 20006.
    According to the City, 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. 2019-23512 Filed 10-25-19; 8:45 am]
 BILLING CODE 4915-01-P