[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41830-41831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20477]
-----------------------------------------------------------------------
[[Page 41831]]
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-33 (Sub-No. 94X)] \2\
Union Pacific Railroad Company--Abandonment Exemption--Magnolia
Tower-Melrose Line in Alameda County, CA
Union Pacific Railroad Company (UPRR) has filed a notice of
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon approximately 4.9 miles of the Magnolia
Tower-Melrose line (portion of the Canyon Subdivision) from milepost
5.8 near Magnolia Tower to milepost 10.7 near Melrose, in Alameda
County, CA.\3\
---------------------------------------------------------------------------
\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 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 the Board's jurisdiction pursuant to 49 U.S.C. 10903.
Therefore, this notice applies the law in effect prior to the Act,
except that petitions to revoke would be filed under the new law at
49 U.S.C. 10502(d).
\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.
\3\ UPRR states that the abandonment does not include active
industries at Magnolia Tower or Melrose, CA. UPRR also states that
it intends to consummate the abandonment on or after the effective
date of the Board's approval in Finance Docket No. 32760.
---------------------------------------------------------------------------
UPRR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) overhead traffic will be rerouted over
other lines; (3) no formal complaint filed by a user of rail service on
the line (or by a state or local government entity acting on behalf of
such user) regarding cessation of service over the line either is
pending with the Board or with any U.S. District Court or has been
decided in favor of complainant within the 2-year period; and (4) the
requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this
condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10502(d) must be filed. The notice
is subject to environmental and historic preservation conditions as set
forth in Appendix G in Decision No. 44, served on August 12, 1996, in
Finance Docket No. 32760. Also in Decision No. 44, the Board has
imposed a 180-day public use condition.\4\ Trail use/rail banking
conditions will be imposed, where appropriate, in a subsequent
decision.
---------------------------------------------------------------------------
\4\ Accordingly, it is unnecessary to request a public use
condition.
---------------------------------------------------------------------------
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 11, 1996, unless stayed pending reconsideration.
Petitions to stay, formal expressions of intent to file an OFA under 49
CFR 1152.27(c)(2),\5\ and trail use/rail banking requests under 49 CFR
1152.29 \6\ must be filed by August 22, 1996. Petitions to reopen must
be filed by September 3, 1996, with: Office of the Secretary, Case
Control Branch, Surface Transportation Board, 1201 Constitution Avenue,
N.W., Washington, DC 20423.
---------------------------------------------------------------------------
\5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\6\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: Robert T. Opal, General Attorney, 1416
Dodge Street, Room 830, Omaha, NE 68179.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Decided: August 6, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20477 Filed 8-9-96; 8:45 am]
BILLING CODE 4915-00-P