[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Notices]
[Page 20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10962]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33581]
Lake County Railroad--Modified Rail Certificate
On March 24, 1998, Lake County, OR 1 filed a notice for
a modified certificate of public convenience and necessity under 49 CFR
1150, Subpart C, Modified Certificate of Public Convenience and
Necessity, to operate, as Lake County Railroad (LCR), a 54.45-mile line
of railroad, known as the Lakeview Branch, extending from milepost
458.60 in Alturas, CA, to milepost 513.05 in Lakeview, OR.2
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\1\ Lake County is a political subdivision of the State of
Oregon and therefore is considered a ``State'' as defined at 49 CFR
1150.21.
\2\ On April 8, 1998, Lake County submitted supplemental
information as required by 49 CFR 1150.23.
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The involved rail line was abandoned by Southern Pacific
Transportation Company (SPT) in Southern Pacific Transportation
Company--Abandonment--in Modoc County, CA and Lake County, OR, Docket
No. AB-12 (Sub-No. 84) (ICC served Oct. 20, 1985). LCR acquired the
line from SPT, and subsequently contracted with Great Western Railway
of Oregon (GWR) to operate the line as a short line
operator.3
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\3\ See The Great Western Railway Co.-Modified Rail Certificate,
Finance Docket No. 30777 (ICC served Feb. 26, 1986).
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According to LCR, the lease agreement entered into between LCR and
GWR on May 1, 1991, as amended on May 5, 1991, December 7, 1994, and on
or about October 1, 1995, was terminated on November 1, 1997.
LCR provides freight service between Lakeview and Alturas, and
connects with Union Pacific Railroad Company at Alturas. Operations by
LCR over the 54.45-mile line commenced on November 1, 1997.4
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\4\ According to 49 CFR 1150.23(a), operations may commence
immediately upon the filing of the notice for a modified
certificate. Lake County has not explained why it did not file its
notice before November 1, 1997. However, it does not appear that the
late filing was due to any intent to avoid the regulatory
requirements and Lake County now has submitted all of the requisite
information.
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The rail segment qualifies for a modified certificate of public
convenience and necessity. See Common Carrier Status of States, State
Agencies and Instrumentalities and Political Subdivisions, Finance
Docket No. 28990F (ICC served July 16, 1981).
LCR indicates that no subsidy is involved and that there are no
preconditions for shippers to meet in order to receive rail service.
This notice must be served on the Association of American Railroads
(Car Service Division) as agent for all railroads subscribing to the
car-service and car-hire agreement: Association of American Railroads,
50 F Street, NW., Washington, DC 20001; and on the American Short Line
Railroad Association: American Short Line Railroad Association, 1120 G
Street, NW., Suite 520, Washington, DC 20005.
Decided: April 17, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-10962 Filed 4-23-98; 8:45 am]
BILLING CODE 4915-00-P
