[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Notices]
[Page 41298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15097]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34214]


Wallowa County, Oregon--Acquisition and Operation Exemption--Rail 
Line of Idaho Northern & Pacific Railroad Company Between Elgin and 
Joseph, OR

    Wallowa County, Oregon (the County), a noncarrier, has filed a 
notice of exemption under 49 CFR 1150.31 to acquire and operate a 
62.58-mile line of railroad of Idaho Northern & Pacific Railroad 
Company (INPR) extending between milepost 21.0 at or near Elgin and 
milepost 83.58 at or near Joseph in Wallowa and Union Counties, OR 
(Joseph rail line or the line).\1\
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    \1\ In Idaho Northern & Pacific Railroad Company--Abandonment 
Exemption--in Wallowa and Union Counties, OR, Docket No. AB-433X 
(STB served Mar. 12, 1997) (March 12, 1997 decision), the Board 
granted a petition for exemption under former 49 U.S.C. 10505 from 
the prior approval requirements of former 49 U.S.C. 10903 et seq. 
for INPR to abandon a 60.58-mile portion (all but 2 miles) of its 
Joseph rail line, between milepost 23.0 near Elgin and milepost 
83.58 at Joseph, in Wallowa and Union Counties, OR, subject to 
certain conditions (largely relating to environmental concerns in 
connection with salvage activities) and provided that the exemption 
would become effective on April 17, 1997. In a decision served in 
this proceeding on December 13, 2001, the Board substituted a 
modified environmental condition for the conditions imposed in the 
March 12, 1997 decision. The County states that INPR has not 
consummated abandonment of any part of the Joseph rail line.
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    According to the County, an agreement has been reached between the 
County and INPR regarding sale and operation of the rail line.\2\ The 
County certifies that its projected annual revenues as a result of this 
transaction do not exceed those that would qualify it as a Class III 
rail carrier, and that such revenues will not exceed $5 million 
annually.
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    \2\ The County states that INPR will operate the line until the 
later of: (1) 90 days after full payment of the purchase price; or 
(2) the designation and qualification of a new operator. The County 
will have a residual common carrier obligation to operate the line. 
The County states that no new authority is needed for INPR to 
operate the line because INPR never exercised the authority granted 
by the Board for it to abandon or discontinue service over the 
described 60.58-mile portion of the Joseph rail line.
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    The transaction was scheduled to be consummated on or shortly after 
May 31, 2002 (7 days after the exemption was filed).
    If the verified 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. 34214, must be filed with the Surface Transportation 
Board, 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, P.C., 208 South LaSalle St., Suite 1890, Chicago, IL 60604-
1194.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
    Decided: June 7, 2002.
Vernon A. Williams,
Secretary.
[FR Doc. 02-15097 Filed 6-14-02; 8:45 am]
BILLING CODE 4915-00-P