SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36301_0

Case Title:  
OAKLAND GLOBAL RAIL ENTERPRISE, LLC—ACQUISITION EXEMPTION—RAIL LINE IN ALAMEDA COUNTY, CAL.

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION POSTPONED THE EFFECTIVE DATES OF THE EXEMPTIONS IN DOCKET NOS. FD 36301, FD 36302, AND FD 36303.

    Embraced Cases

Docket Number

FD_36302_0 - Oakland Bulk & Oversize Terminal, Llc—Acquisition Exemption—Rail Line In Alameda County, Cal.

FD_36303_0 - City Of Oakland, Cal. - Acquisition Exemption - Former Oakland Army Base, Alameda County, Cal.


    Decision Attachments

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    Full Text of Decision

47043 SERVICE DATE – LATE RELEASE MAY 30, 2019

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. FD 36301[1]

 

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

 

Docket No. FD 36302

 

Oakland BULK & OVERSIZE TERMINAL, LLC—Acquisition Exemption—Rail Line in Alameda County, Cal.

 

Docket No. FD 36303

 

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

 

Decided: May 30, 2019

 

By decision served on March 15, 2019, in Docket No. 36168, the Board made certain jurisdictional determinations regarding trackage located at the former Oakland Army Base (OAB) in Oakland, Cal. Oakland Glob. Rail Enter., LLC—Pet. for Declaratory Order, FD 36168, slip op. at 6-10 (STB served Mar. 15, 2019). In that decision, the Board also ordered the City of Oakland, Cal. (the City), Oakland Global Rail Enterprise, LLC (OGRE), and Oakland Bulk & Oversize Terminal, LLC (OBOT) to seek authority under 49 U.S.C.  10901 for their prior acquisitions of certain track at the OAB or explain to the Board why such authority is not required. Id. at 11. In accordance with the Board’s order, on May 14, 2019, the City, OGRE, and OBOT filed verified notices of exemption under 49 C.F.R.  1150.31 in these three dockets. The exemptions are scheduled to become effective on June 13, 2019.

 

The City has petitioned the Board to reconsider its jurisdictional determinations in the March 15, 2019 decision. (See City of Oakland Pet. for Reconsideration, Apr. 4, 2019, Oakland Glob. Rail Enter., LLC—Pet. for Declaratory Order, FD 36168.) While the Board considers the petition for reconsideration, the effective dates of the exemptions in Docket Nos. FD 36301, FD 36302, and FD 36303 will be postponed until further order of the Board.

 

It is ordered:

 

1. The effective dates of the exemptions in Docket Nos. FD 36301, FD 36302, and FD 36303 are postponed until further order of the Board.

 

2. This decision is effective on its service date.

 

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.



[1] These proceedings are not consolidated. A single decision is being issued for administrative purposes.