[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28130]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32173 et al.]

 

Orange County Transportation Authority/Riverside County 
Transportation Commission/San Bernardino Associated Governments/San 
Diego Metropolitan Transit Development Board/North San Diego County 
Transit Development Board--Acquisition Exemption--The Atchison, Topeka 
and Santa Fe Railway Company

AGENCY: Interstate Commerce Commission.

ACTION: Petition for exemption and other relief.

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SUMMARY: We are seeking public comments on a petition filed by commuter 
transportation agencies in the Los Angeles, CA, area. The agencies 
request a blanket exemption from 49 U.S.C. Subtitle IV (Subtitle IV) 
concerning their operation of properties acquired from The Atchison, 
Topeka and Santa Fe Railway Company (Santa Fe). The agencies also 
request that we clarify a prior decision by finding that the operation 
of a line acquired from the Southern Pacific Transportation Company 
(Southern Pacific) by one of the agencies has already received a 
blanket exemption from Subtitle IV. Finally, the petition requests that 
we establish procedures for their use in implementing actions taken 
under the authority of exemptions from Subtitle IV. For the details, 
see the Supplementary Information below.

DATES: Statements are due by December 15, 1994.

ADDRESSES: Send an original and 10 copies of pleadings referring to 
Finance Docket No. 32173 et al. to: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, 1201 Constitution 
Avenue, N.W., Washington, D.C. 20423. A copy of each pleading should 
also be sent to the commuter transportation agencies' representative: 
Charles A. Spitulnik, Hopkins & Sutter, 888 16th Street, N.W., 
Washington, D.C. 20006.

FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, (202) 927-5660. [TDD 
for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Certain transportation agencies in the area 
of Los Angeles, CA, have been seeking to acquire right-of-way from 
freight railroads for the provision of commuter service. On October 16, 
1992, in Finance Docket No. 32173, five county transportation agencies 
in the Los Angeles area (County Agencies)1 jointly filed a notice 
invoking our class exemption to allow their acquisition of certain 
railroad lines from Santa Fe. The lines acquired from Santa Fe through 
Finance Docket No. 32173 are identified in the Appendix, below. In Los 
Angeles County Transportation Commission--Acquisition Exemption--The 
Atchison, Topeka and Santa Fe Railway Company, Finance Docket No. 32172 
(ICC served Dec. 2, 1992), the Commission exempted other conveyances 
from Santa Fe to the Los Angeles County Transportation Commission 
(LACTC).2 The lines acquired from Santa Fe through Finance Docket 
No. 32172 are also identified in the Appendix, below.
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    \1\ The agencies are: Orange County Transportation Authority; 
Riverside County Transportation Commission; San Bernardino 
Associated Governments; San Diego Metropolitan Transit Development 
Board; and North San Diego County Transit Development Board.
    \2\ On April 1, 1993, LACTC merged with the Southern California 
Rapid Transit District to form a new entity, the Los Angeles County 
Metropolitan Transportation Authority (LACMTA).
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    The extent of our jurisdiction over the agencies' acquisition and 
operation of lines from freight railroads has been the subject of 
several proceedings before this agency. In Orange County Transportation 
Authority, et al.--Acquisition Exemption--The Atchison, Topeka and 
Santa Fe Railway Company, 10 I.C.C.2d 78 (1994) (Orange County), we 
upheld our jurisdiction over the acquisitions from Santa Fe involved in 
Finance Docket Nos. 32173 and 32172. Because we upheld our jurisdiction 
over the acquisitions, we denied the agencies' request that we vacate 
the exemptions involved in those proceedings, exemptions that they 
requested solely as a protective device to legalize the acquisitions in 
the event that we affirmed our jurisdiction over them.
    In their petition filed July 15, 1994, the five County Agencies and 
the Los Angeles County Metropolitan Transportation Authority (jointly, 
the Transit Agencies) request a blanket exemption from Subtitle IV for 
all of the Santa Fe properties whose acquisition was exempted in 
Finance Docket Nos. 32173 and 32172. The Transit Agencies seek this 
exemption to be free of the obligation to provide freight service and 
other regulatory requirements that accompany the acquisition of active 
lines from freight railroads. The requested exemption would, for 
example, allow the Transit Agencies to abandon or to discontinue 
freight service over the lines that were acquired without seeking our 
prior approval. We seek comments on this request.
    In Orange County, one of five County Agencies, the San Bernardino 
Associated Governments (SANBAG), received a blanket exemption from 
Subtitle IV for its acquisition and operation of a single line from 
Southern Pacific, the Baldwin Park Line. In their petition filed July 
15, 1994, the Transit Agencies argue that our decision in Orange County 
must be interpreted as also granting a blanket exemption from Subtitle 
IV for a second acquisition, i.e., the Orange County Transportation 
Authority's acquisition of the West Santa Ana Branch.3 The Transit 
Agencies request that we clarify our decision in Orange County to this 
effect. We seek comments on this request.
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    \3\In particular, a portion of the West Santa Ana Branch at 
milepost 495.14 near Paramount to approximately milepost 507.84, the 
centerline of Beach Boulevard near Stanton.
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    Finally, the Transit Agencies request that we establish procedures 
for the implementation of actions taken under the authority of blanket 
exemptions from Subtitle IV. Such an action could include, for example, 
abandonment of freight service over the line. As noted, one county 
agency, SANBAG, has already received such an exemption concerning its 
acquisition and operation of one line, the Baldwin Park Line, and 
similar exemptions may be granted for other lines as a result of this 
petition. The Transit Agencies request (Petition, p. 12) that, in the 
event that they invoke the exemption and seek to abandon lines covered 
by it, they be required only to file a notice identifying the line 
segment involved, the action to be taken and the applicable labor 
protection arrangement (if any is required) and incorporating by 
reference the environmental and historic reports filed by the railroad 
that has sought to discontinue providing freight service over the line. 
We seek comments on this proposed procedure.
    On August 25, 1994, a group of railroad unions (the Unions) filed a 
reply in opposition to the Transit Agencies' petition filed on July 15, 
1994. In their reply, the Unions argue that: (1) We lack the authority 
to grant blanket exemptions from Subtitle IV; (2) even if we were to 
assert jurisdiction to grant blanket exemptions from Subtitle IV, the 
Transit Agencies have not satisfied the requirements of 49 U.S.C. 
10505(a) for granting such an exemption; (3) we should not grant the 
requested clarification of Orange County on the grounds (a) that Orange 
County clearly did not exempt any properties from Subtitle IV and (b) 
that decision is administratively final; and (4) in view of their 
contention that we lack authority to grant blanket exemptions from 
Subtitle IV, we need not adopt procedures for implementing such 
exemptions. According to the Unions, any subsequent transactions are 
subject to regulation, and procedures are already in place to process 
regulated transactions. We also seek comments on the arguments raised 
by the Unions. The Unions may supplement their earlier comments.
    This request for comments will not significantly affect the quality 
of the human environment or the conservation of energy resources.

    Authority: 5 U.S.C. 553.

    Decided: October 31, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
and Commissioners Simmons, Morgan, and Owen. Vice Chairman Phillips 
recused herself in this proceeding.
Vernon A. Williams,
Secretary.

Appendix--Santa Fe Trackage Proposed for Blanket Subtitle IV Exemption

I. Lines Acquired Through Finance Docket No. 32173

    1. Pasadena Subdivision between milepost 82.62 and milepost 
140.05 at Mission Tower;
    2. San Diego Subdivision between milepost 267.70 in San Diego 
and milepost 165.55 at Fullerton, including the Fallbrook Yard but 
excluding interchange tracks at Anaheim and Santa Ana and the Tustin 
Spur Track;
    3. Olive Subdivision from milepost .14 at Atwood to milepost 
5.37 at Olive Junction;
    4. Escondido Subdivision between milepost .10 at Escondido 
Junction and milepost 21.31 in Escondido;
    5. San Jacinto Subdivision between milepost .30 at Highgrove and 
milepost 38.33 at San Jacinto; and
    6. Redlands Subdivision between milepost .12 at San Bernardino 
and milepost 13.40 at or near Mentone.
    These mileposts reflect the County Agencies' corrections to 
their prior statement of them brought to our attention by a letter 
filed May 26, 1994 (compare Orange County, 10 I.C.C.2d at 80 n.4).

II. Lines Acquired Through Finance Docket No. 32172

    1. Pasadena Subdivision between milepost 104.2 and milepost 
140.05 at Mission tower in Los Angeles County;
    2. San Bernardino Subdivision between milepost 140.05 at Mission 
Tower and milepost 143.19 in Los Angeles County; and
    3. Harbor Subdivision between milepost 0.05 at Redondo Junction 
and milepost 26.36 near Watson, but excluding Van Ness Yard, Malabar 
Yard, and El Segundo Yard, all in Los Angeles County.

[FR Doc. 94-28130 Filed 11-14-94; 8:45 am]
BILLING CODE 7035-01-P