[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Notices]
[Page 55981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27733]



[[Page 55981]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34109]


Oakdale Traction Corporation--Acquisition and Operation 
Exemption--Union Pacific Railroad Company

    Oakdale Traction Corporation (OTC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from Union 
Pacific Railroad Company (UP) and operate a 1.12-mile line of railroad 
that extends between milepost 123.35 and milepost 124.47, at Oakdale, 
Stanislaus County, CA (Oakdale line).\1\
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    \1\ According to the verified notice of exemption, John 
Brichetto and Jacqueline Brichetto (Mr. and Mrs. Brichetto) acquired 
the Oakdale line for rail use from UP by a quitclaim deed on June 
27, 2001. OTC states that Mr. and Mrs. Brichetto evidently were 
unaware of the requirement that they needed Board approval under 49 
U.S.C. 10901, or an exemption therefrom under 49 CFR 1150.31, to 
acquire the Oakdale line. OTC maintains that, upon learning of that 
requirement, Mr. and Mrs. Brichetto incorporated OTC and conveyed 
the Oakdale line to it. OTC notes that the Oakdale line is the 
remaining segment of a 53-mile line of railroad formerly owned by 
UP's predecessor, the Southern Pacific Transportation Company, that 
extended between Stockton, CA, and Montpelier, CA (Stockton-
Montpelier line). OTC states that its assessment of railroad map 
information indicates that, except for the Oakdale line, the 
Stockton-Montpelier line was abandoned sometime between 1975 and 
1982.
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    While Mr. and Mrs. Brichetto, now OTC, may have acquired the 
Oakdale line on June 27, 2001, the exemption that provides the 
regulatory approval for this transaction did not become effective until 
October 23, 2001, 7 days after the filing of the verified notice of 
exemption by OTC. OTC states that it will commence operating the 
Oakdale line upon receiving its first request for rail service but not 
sooner than October 23, 2001.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 34109 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Thomas F. McFarland, Esq., 208 South LaSalle Street, Suite 
1890, Chicago, IL 60604-1194.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: October 29, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-27733 Filed 11-2-01; 8:45 am]
BILLING CODE 4915-00-P