96-20472. Southern Pacific Transportation CompanyAbandonment Exemption Wendel-Alturas Line in Modoc and Lassen Counties, CA

[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Page 41826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20472]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-12 (Sub-No. 184X)] \2\


Southern Pacific Transportation Company--Abandonment Exemption--
Wendel-Alturas Line in Modoc and Lassen Counties, CA

AGENCY: Surface Transportation Board.

    \1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 
803 (the Act), 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). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to section 
10903. Therefore, this notice applies the law in effect prior to the 
Act, and citations are to the former sections of the statute, unless 
otherwise indicated.
    \2\ This exemption is related to Finance Docket No. 32760, Union 
Pacific Corporation, Union Pacific Railroad Company, and Missouri 
Pacific Railroad Company--Control and Merger--Southern Pacific Rail 
Corporation, Southern Pacific Transportation Company, St. Louis 
Southwestern Railway Company, SPCSL Corp., and The Denver and Rio 
Grande Western Railroad Company.
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ACTION: Notice of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior 
approval requirements of 49 U.S.C. 10903-04 the abandonment by Southern 
Pacific Transportation Company of its 85.5-mile rail line between 
milepost 360.1 near Wendel and milepost 445.6, near Alturas, in Modoc 
and Lassen Counties, CA, subject to standard labor protective 
conditions, environmental and historic preservation conditions, a 180-
day trail use condition, and a 180-day public use condition, all of 
which are set forth in Decision No. 44, served on August 12, 1996, in 
Finance Docket No. 32760.

DATES: Provided no formal expression of intent to file an offer of 
financial assistance has been received, this exemption will be 
effective on September 11, 1996. Formal expressions of intent to file 
an offer of financial assistance under 49 CFR 1152.27(c)(2) 3 and 
additional requests for trail use/rail banking under 49 U.S.C. 1152.29 
must be filed by August 22, 1996; petitions to stay must be filed by 
August 22, 1996; and petitions to reopen must be filed by September 3, 
1996. Because the Board is imposing a 180-day public use condition in 
this proceeding, it is unnecessary to request this condition.

    \3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
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ADDRESSES: Send pleadings referring to Docket No. AB-12 (Sub-No. 184X) 
to: (1) Surface Transportation Board, Office of the Secretary, Case 
Control Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423; 
and (2) Gary A. Laakso, General Attorney, Southern Pacific Building, 
One Market Plaza, Room 846, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, [phone]. [TDD 
for the hearing impaired: [phone].]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's Decision No. 44 in Finance Docket No. 32760. To purchase a copy 
of the full decision, write to, call, or pick up in person from: DC 
News & Data, Inc., 1201 Constitution Avenue, N.W., Room 2229, 
Washington, DC 20423. Telephone: [phone]. [Assistance for 
the hearing impaired is available through TDD services [phone].]

    Decided: August 6, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20472 Filed 8-9-96; 8:45 am]
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