[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Notices]
[Page 1069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-203]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33694]


City of Oakland, a Municipal Corporation of the State of 
California, Acting by and Through its Board of Port Commissioners--
Acquisition Exemption--Union Pacific Railroad Company

    The City of Oakland, a municipal corporation of the State of 
California, acting by and through its Board of Port Commissioners (Port 
of Oakland), a noncarrier, has filed a verified notice of exemption 
under 49 CFR 1150.31 to acquire the physical assets of a rail line and 
the underlying right-of-way from Union Pacific Railroad Company (UP), 
between milepost 4.97 and milepost 5.80, in Oakland, CA, a distance of 
approximately 0.83 miles. UP will retain a permanent, exclusive 
easement to provide rail freight service over the line.
    The transaction is expected to be consummated on or shortly after 
December 18, 1998, but not later than December 31, 1998.
    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.1
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    \1\ The Port of Oakland indicates that it will shortly be filing 
a motion to dismiss this notice on grounds that the Board lacks 
jurisdiction over the involved purchase. If such a motion is filed, 
it will be dealt with in a subsequent Board decision.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33694, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Karl Morell, BALL JANIK LLP, Suite 225, 1455 F Street, N.W., 
Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 29, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-203 Filed 1-6-99; 8:45 am]
BILLING CODE 4915-00-P