[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60672-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16430]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36787]


Alameda Belt Line--Operation Exemption--Board of Harbor 
Commissioners of the Port of Los Angeles, Board of Harbor Commissioners 
(Long Beach), and Alameda Corridor Transportation Authority

    Under 49 CFR 1011.7(a)(2)(x)(A), the Director of the Office of 
Proceedings (Director) is delegated the authority to determine whether 
to issue notices of exemption under 49 U.S.C. 10502 for operation 
transactions under 49 U.S.C. 10901. However, the Board reserves to 
itself the consideration and disposition of all matters involving 
issues of general transportation importance. 49 CFR 1011.2(a)(6). 
Accordingly, the Board will revoke the delegation to the Director with 
respect to issuance of the notice of exemption for dispatching 
operations of the rail line at issue in this case. The Board determines 
that this notice of exemption should be issued, and does so here.\1\
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    \1\ Should it choose to do so, the Board retains the ability to 
revisit its precedent in Rail-Term Corp.--Petition for Declaratory 
Order, FD 35582 (STB served Nov. 19, 2013), in an appropriate 
proceeding. It chooses not to do so here because of the facts and 
circumstances--in particular, timing needs--presented by ABL.
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Notice

    Alameda Belt Line (ABL), a noncarrier, has filed a verified notice 
of exemption pursuant to 49 CFR 1150.31 ``to assume by subcontract the 
dispatching operations'' over the Alameda Corridor, an approximately 
16.1-mile railroad corridor between milepost 0.0 at CP East Redondo in 
Los Angeles, Cal., and milepost 16.1 at CP West Thenard in Los Angeles 
(the Line). According to the verified notice, BNSF Railway Company 
(BNSF) and Union Pacific Railroad Company (UP) have operating rights 
over the Line. The verified notice states that UP currently handles 
Line dispatching with BNSF oversight pursuant to an agreement among 
BNSF, UP, and the Alameda Corridor Transportation Authority, the Line's 
administrator. ABL is a private entity owned in equal parts by BNSF and 
UP.
    ABL certifies that its annual projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
carrier and will not exceed $5 million. ABL also states that the 
transaction does not involve any interchange commitments.
    By decision served on July 11, 2024, the effective date of the 
exemption was postponed until further order of the Board, to provide 
sufficient time for evaluation of the matters raised by the verified 
notice.
    On July 19, 2024, ABL filed a letter (Letter) requesting that the 
Board take immediate action on the verified notice. ABL states that the 
Federal Railroad Administration's (FRA) issuance of 49 CFR part 245--
Certification of Dispatchers, effective July 22, 2024, imposes a 120-
day approval process for a new railroad's dispatching training program. 
(Letter 2.) ABL states that it must begin dispatching operations by 
July 22, 2024, to avoid substantial delays resulting from the FRA's 
approval process under the new regulation. (See id.)
    The Board determines that the notice of exemption should be 
published. In light of the need for expedited effectiveness as 
described in the Letter, the Board finds good cause to permit the 
exemption to become effective on the date of service of this 
decision.\2\
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    \2\ For the same reasons, the Board will waive the provision at 
49 CFR 1150.32(c) regarding the filing of stay petitions prior to 
effectiveness.
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    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

[[Page 60673]]

automatically stay the effectiveness of the exemption.
    All pleadings, referring to Docket No. FD 36787, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
ABL's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to ABL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Decisions of the Board are available at www.stb.gov.
    It is ordered:
    1. The delegation of authority to the Director of the Office of 
Proceedings under 49 CFR 1011.7(a)(2)(x)(A) to determine whether to 
issue a notice of exemption in this proceeding is revoked.
    2. ABL's notice of exemption is issued and is effective on the 
service date of this decision.
    3. The provision at 49 CFR 1150.32(c) regarding the filing of stay 
petitions prior to effectiveness is waived for purposes of this 
decision.
    4. This decision will be published in the Federal Register.
    5. This decision is effective on its service date.

    Decided: July 22, 2024.

    By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2024-16430 Filed 7-25-24; 8:45 am]
BILLING CODE 4915-01-P