[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Pages 57802-57803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23513]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36302]


Oakland Bulk & Oversize Terminal, LLC--Acquisition Exemption--
Rail Line in Alameda County, Cal.

    Oakland Bulk & Oversize Terminal, LLC (OBOT), has filed a verified 
notice of exemption under 49 CFR 1150.31 for authority after-the-fact 
to acquire by lease from the City of Oakland (City) 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\ The length of

[[Page 57803]]

the Line includes parallel tracks running within the rail right-of-way. 
OBOT states that the Line does not have milepost designations.
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    \1\ As explained more fully in previous decisions in this 
docket, OBOT 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 to reject 
or revoke OBOT'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).
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    According to OBOT, on February 16, 2016, the City leased to OBOT an 
existing railroad right-of-way located at the OAB, a portion of which 
includes the Line. Oakland Global Rail Enterprise, LLC (OGRE), an 
affiliate of OBOT, then subleased the railroad right-of-way from OBOT 
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. OBOT states that OGRE 
will be the operator of the Line.
    OBOT certifies that the projected annual revenues as a result of 
this transaction will not exceed the amount that would qualify OBOT as 
a Class III railroad, and that the projected annual revenue for the 
Line will not exceed $5 million. OBOT also states that its agreement 
with the City 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 36302, 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 OBOT's representative, Kathryn 
Kusske Floyd, Venable LLP, 600 Massachusetts Avenue NW, Washington, DC 
20001.
    According to OBOT, 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. 2019-23513 Filed 10-25-19; 8:45 am]
 BILLING CODE 4915-01-P