96-20473. Southern Pacific Transportation CompanyAbandonment Exemption Suman-Bryan Line in Brazos and Robertson Counties, TX \2\

[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41826-41827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20473]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-12 (Sub-No. 185X)]


Southern Pacific Transportation Company--Abandonment Exemption--
Suman-Bryan Line in Brazos and Robertson Counties, TX \2\

AGENCY: Surface Transportation Board.
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 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\ Southern Pacific Transportation Company (SPT) originally 
petitioned to abandon the entire 16.2-mile Suman-Bryan Line in 
Brazos and Robertson Counties, TX. SPT later modified the petition 
by excluding the rail segment between milepost 105.7 and milepost 
101.4 near Bryan, TX. Now, the line sought to be abandoned lies 
solely in Robertson County, TX. We are, however, for administrative 
convenience retaining the original title of this proceeding.

ACTION: Notice of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior 
approval

[[Page 41827]]

requirements of 49 U.S.C. 10903-04 the abandonment by Southern Pacific 
Transportation Company of its 12.53-mile rail line between milepost 
117.6 near Suman and milepost 105.7 near Benchley in Robertson County, 
TX, subject to standard labor protective conditions, environmental and 
historic preservation conditions, and a 90-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 
requests for trail use/rail banking must be filed by August 22, 1996; 
petitions to stay must be filed by August 22, 1996; requests for a 
public use condition must be filed by September 3, 1996, and petitions 
to reopen must be filed by September 3, 1996.

    \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. 185X) 
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. 96-20473 Filed 8-9-96; 8:45 am]
BILLING CODE 4915-00-P