[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Page 51743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25363]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33003]


Louisiana & Delta Railroad, Inc.--Lease and Operation Exemption--
Southern Pacific Transportation Company

    Louisiana & Delta Railroad, Inc. (LDRR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41: (1) To 
lease and operate approximately 8.909 miles of rail line; and (2) to 
acquire approximately 15 miles of incidental overhead trackage rights 
owned by Southern Pacific Transportation Company (SPT) and located in 
the State of Louisiana. The proposed transaction was to be consummated 
on or after September 10, 1996, the effective date of the 
exemption.2
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    \1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 
803, which was enacted on December 29, 1995, and took effect on 
January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10902.
    \2\ A letter, dated September 9, 1996, requesting that this 
application be denied was received from Tyrone Boudreaux, for and on 
behalf of the United Transportation Union-Louisiana State 
Legislative Board. If Mr. Boudreaux wishes the Board to consider his 
letter, or to consider a more detailed petition, he must serve a 
copy of his letter or petition for relief on LDRR's counsel (Eric M. 
Hocky) and certify to us that he has done so. Because Mr. Boudreaux 
asserts a nexus between this filing by LDRR and the Board's Decision 
No. 44 (served August 12, 1996) in 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, Mr. Boudreaux should also serve a 
copy of his letter or petition on the counsel for Southern Pacific 
Transportation Company (Paul A. Cunningham, Harkins Cunningham, 1300 
Nineteenth Street, N.W., Washington, D.C. 20036) and on the counsel 
for Burlington Northern Railroad Company and The Atchison, Topeka 
and Santa Fe Railway Company (Erika Z. Jones, Mayer, Brown & Platt, 
2000 Pennsylvania Avenue, N.W., Washington, D.C. 20006), and certify 
to us that he has done so. Mr. Boudreaux may wish to supplement his 
filing or otherwise specify what provisions of the statute or the 
Board's regulations he maintains are violated by the proposed 
transaction and what adverse effects he sees resulting from this 
transaction.
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    The lines involved in the acquisition by lease are described as 
follows: The Breaux Bridge Branch from milepost 0.35 at or near BR Jct. 
to the end of track at milepost 8.060 at or near Breaux Bridge, and the 
remaining segment of the St. Martinsville Branch from the switch on the 
Breaux Bridge Branch near milepost 7.678 at a point on the St. 
Martinsville Branch near milepost 19.381 to the end of track at 
milepost 19.680; and the Alexandria Branch from milepost 0.50 at or 
near Alex Jct. to the end of track at milepost 1.00, and the extension 
track from milepost 144.90 to milepost 145.30. These lines involve a 
total distance of approximately 8.909 miles.3
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    \3\ The lease also grants LDRR the right to operate side tracks 
at mileposts 143.97, 143.55, 141.465 and 140.146, and spurs at 
mileposts 145.129 and 121.92. SPT states that the right to operate 
these tracks is not subject to Board jurisdiction.
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    The incidental trackage rights involved are described as follows: 
The extension of existing trackage rights from milepost 131.0 at Ara 
Spur to milepost 146.0 at the east end of, but not including, Lafayette 
Yard, a total distance of approximately 15 miles.4
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    \4\  LDRR states that these trackage rights extend existing 
trackage rights granted by SPT to LDRR in ICC Finance Docket No. 
30958.
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    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33003, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Eric M. Hocky, 
Gollatz, Griffin & Ewing, P.C., 213 West Miner Street, P. O. Box 796, 
West Chester, PA 19381-0796.

    Decided: September 26, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-25363 Filed 10-2 -96; 8:45 am]
BILLING CODE 4915-00-P