[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Page 41825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20478]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-3 (Sub-No. 134X)] \2\


Missouri Pacific Railroad Company--Abandonment Exemption--Troup-
Whitehouse Line in Smith County, TX

    Missouri Pacific Railroad Company (MPRR) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances to abandon approximately 7.5 miles of the Troup-
Whitehouse line (portion of the Tyler Industrial Lead) extending from 
milepost 0.50 near Troup to milepost 8.0 near Whitehouse, in Smith 
County, TX.\3\
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    \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\ MPRR states that the abandonment does not include active 
industries at Troup or Whitehouse, TX. MPRR 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.
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    MPRR 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 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 90-day public 
use condition. Trail use/rail banking conditions or additional public 
use conditions will be imposed, where necessary, in a subsequent 
decision.
    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),4 and trail use/rail banking requests under 49 
CFR 1152.29 5 must be filed by August 22, 1996. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by September 3, 1996, with: Office of the Secretary, Case 
Control Branch, Surface Transportation Board, 1201 Constitution Avenue, 
NW., Washington, DC 20423.
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    \4\  See Exempt. of Rail Abandonment--Offers of Finan. Assist., 
4 I.C.C.2d 164 (1987).
    \5\  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.
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    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. 96-20478 Filed 8-9-96; 8:45 am]
BILLING CODE 4915-00-P