[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Notices]
[Page 54847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27177]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 33123]


Missouri Pacific Railroad Company and Southern Pacific 
Transportation Company--Construction and Operation Exemption--Avondale, 
LA

    Missouri Pacific Railroad Company (MP) and Southern Pacific 
Transportation Company (SP) have filed a notice of exemption under 49 
CFR 1150.36 to construct connecting tracks between their adjacent rail 
lines at three locations near Avondale, LA.2 The proposed 
construction is intended to facilitate transactions approved or 
exempted in Union Pacific Corp., et al.--Control and Merger--Southern 
Pacific Rail Corp., et al., Finance Docket No. 32760, involving the 
authorized merger of the Union Pacific and Southern Pacific Railroads. 
Construction is scheduled to begin on December 31, 1996.
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    \1\  The ICC Termination Act of 1995, Pub. L. No. 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. 10901.
    \2\  MP and SP simultaneously filed in this docket a motion to 
dismiss the notice of exemption on the grounds that the proposed 
construction and operation of connecting tracks do not require Board 
approval or exemption. That motion will be the subject of a separate 
decision by the Board.
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    The Board's Section of Environmental Analysis (SEA) initially 
considered this construction and operation in the environmental 
documents prepared in Finance Docket No. 32760. In analyzing the 
applicants' environmental filings and the potential environmental 
impacts of the merger, SEA concluded that construction projects related 
to the merger that are limited in scope and are proposed over disturbed 
land within existing railroad rights-of-way should be exempt from 
environmental review. This is such a project. Accordingly, no 
additional environmental documentation will be prepared in this 
proceeding and the Board may make a finding of no significant impact.
    This exemption will be effective on December 31, 1996, unless 
stayed. Petitions to stay the effective date of this notice on any 
grounds must be filed by November 1, 1996. Petitions for 
reconsideration must be filed by November 11, 1996.
    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. 33123, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W. Washington, DC 20423. In addition, a copy of each pleading 
must be served on: (1) Gary A. Laakso, Southern Pacific Transportation 
Company, Law Department, Room 846, One Market Plaza, San Francisco, CA 
94105; and (2) Robert T. Opal, Missouri Pacific Railroad Company, Law 
Department, Room 830, 1416 Dodge Street, Omaha, NE 68179.

    Decided: October 17, 1996.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-27177 Filed 10-21-96; 8:45 am]
BILLING CODE 4915-00-P