[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23121-23122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08740]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36395]


Puget Sound & Pacific Railroad--Lease Amendment and Operation 
Exemption Including Interchange Commitment--Union Pacific Railroad 
Company

    Puget Sound & Pacific Railroad (PSAP), a Class III rail carrier, 
has filed

[[Page 23122]]

a verified notice of exemption under 49 CFR 1150.41 to amend an 
existing rail line lease between PSAP and Union Pacific Railroad 
Company (UP).\1\ PSAP states that, under the Amended Lease, it will 
continue to lease and operate 3.65 miles of rail line: Between milepost 
53.83 and milepost 54.23 and between milepost 55.28 and milepost 56.70, 
in Aberdeen and Hoquiam, Wash.; and between milepost 2.41 at Blakeslee 
Junction, Wash., and milepost 4.26 at Raisch, Wash. (collectively, the 
Line).
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    \1\ The existing lease, as previously amended from time to time, 
is referred to as the Current Lease; the Current Lease with the 
addition of the new amendment for which authority is sought here is 
referred to as the Amended Lease.
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    PSAP states that the Current Lease was entered into in 2000 and 
amended in 2002. See Ariz. & Cal. R.R.--Lease & Operation Exemption--
Union Pac. R.R., FD 33886 (STB served July 7, 2000); Puget Sound & Pac. 
R.R.--Lease & Operation Exemption--Union Pac. R.R., FD 34213 (STB 
served Dec. 13, 2002). PSAP further states that the term of the Current 
Lease was extended in 2010, in accordance with its terms, for an 
additional 10 years. According to PSAP, the Amended Lease would extend 
the lease term for an additional 10 years and revise other commercial 
terms.
    PSAP certifies that the projected annual revenues as a result of 
the proposed transaction will not exceed those that would qualify it as 
a Class III carrier. Additionally, PSAP certifies that its total 
revenues exceed $5 million. Pursuant to 49 CFR 1150.42(e), if a 
carrier's projected annual revenues will exceed $5 million, it must, at 
least 60 days before the exemption becomes effective, post notice of 
its intent to undertake the proposed transaction at the workplace of 
the employees on the affected lines, serve a copy of the notice on the 
national offices of the labor unions with employees on the affected 
lines, and certify to the Board that it has done so. However, PSAP's 
verified notice includes a request for waiver of the 60-day advance 
labor notice requirements. PSAP's waiver request will be addressed in a 
separate decision.
    As required under 49 CFR 1150.43(h)(1), PSAP has disclosed in its 
verified notice that the Amended Lease contains an interchange 
commitment.\2\ PSAP has provided additional information regarding the 
interchange commitment as required by 49 CFR 1150.43(h).
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    \2\ A copy of the Amended Lease with the interchange commitment 
was submitted under seal. See 49 CFR 1150.43(h)(1).
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    The verified notice states that the Amended Lease will be effective 
upon the effective date of the verified notice of exemption and that 
PSAP will continue to operate under the terms of the Current Lease 
until then. The Board will establish the effective date in its separate 
decision on the waiver request.
    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 May 1, 2020.
    All pleadings, referring to Docket No. FD 36395, 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 PSAP's representative, Eric M. 
Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 
2620, Philadelphia, PA 19103.
    According to PSAP, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: April 21, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2020-08740 Filed 4-23-20; 8:45 am]
 BILLING CODE 4915-01-P