[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Page 3523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1916]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 32849]
Camp Lejeune Railroad Company; Lease Exemption; Camp Lejeune
Marine Corps Base to Jacksonville, NC
Camp Lejeune Railroad Company (CLRC), a wholly owned subsidiary of
Norfolk Southern Railway Company, has filed a notice of exemption to
renew a lease from the United States of America, Department of Navy
(Government), of a 5.6-mile railroad line between milepost 2.5 at the
Marine Corps Base, Camp Lejeune, and milepost 8.1 at Jacksonville,
Onslow County, NC.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission
(ICC) and transferred certain functions and proceedings to the
Surface Transportation Board (Board). This notice relates to
functions that are subject to Board jurisdiction pursuant to 49
U.S.C. 11323.
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CLRC has operated and leased the rail line from the Government
under a lease originally authorized by the ICC in 1984.2 The lease
expired on August 31, 1994. The parties have agreed to review and
extend the lease until August 31, 1999.
\2\ See Camp Lejeune Railroad Company--Lease Exemption, Finance
Docket No. 30553 (ICC served Sept. 17, 1984), and Camp Lejeune
Railroad Company--Renewal of Lease Exemption a Rail Line in North
Carolina, Finance Docket No. 30553 (Sub-No. 1) (ICC served Oct. 6,
1989).
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Any comments must be filed with the Board and served on: Robert J.
Cooney, Norfolk Southern Corporation, 3 Commercial Place, Norfolk, VA
23510-2191.
This notice was filed under 49 CFR 1180.4(g)(1), and despite CLRC's
assertion that the transaction is governed by 49 U.S.C. 10901 and 49
CFR 1150.31(a), CLRC has not demonstrated why the lease renewal differs
from the situation in 1989 and hence does not fall within section
11323(a)(2) and 49 CFR 1180.2(d)(4). The notice is thus being published
under 49 CFR 1180.2(d)(4). If the 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 transaction.
As a condition to this exemption, any employees affected by the
lease transaction will be protected pursuant to Mendocino Coast Ry.,
Inc.--Lease and Operate, 354 I.C.C. 732 (1978) and 360 I.C.C. 653
(1980).
Decided: January 25, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1916 Filed 1-30-96; 8:45 am]
BILLING CODE 4915-00-P
