[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Notices]
[Pages 37792-37793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18362]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32994]
North Coast Railroad Authority--Trackage Rights Exemption--
California Northern Railroad Company
California Northern Railroad Company (CNRC) will agree to grant
interim local trackage rights \2\ to North Coast Railroad Authority
(NCRA). CNRC will grant NCRA local trackage rights in Mendocino,
Sonoma, Marin, and Napa Counties, CA: (1) from NWP milepost 142.5 near
Outlet Station to NWP milepost 68.22 near Healdsburg, CA, a distance of
approximately 74.3 miles; (2) from NWP milepost 68.2 near Healdsburg,
CA, to NWP milepost 26.96 near Novato, CA, a distance of approximately
41.2 miles; (3) from NWP milepost 26.96 near Novato, CA, to NWP
milepost 25.6 near Ignacio, CA, a distance of approximately 1.4 miles;
and (4) from NWP milepost 25.6 near Ignacio, CA, to SP milepost 40.4
near Schellville, CA, a distance of approximately 14.8 miles, a total
of approximately 131.7 miles of rail line.
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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. 11323-24.
\2\ The parties to the trackage rights arrangement apparently
intend that the trackage rights would expire if the Board acts
favorably on NCRA's pending request in STB Finance Docket No. 32943,
North Coast Railroad Authority--Operation and Acquisition
Exemption--California Northern Railroad Company, Northwestern
Pacific Railroad Authority, and Golden Gate Bridge, Highway and
Transportation District, filed May 10, 1996.
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The transaction was scheduled to be consummated on or after July 8,
1996.
The purpose of the trackage rights is to facilitate the
commencement of NCRA's freight operations while its petition in STB
Finance Docket No. 32943 is being considered by the Board. Trackage
rights approved under the class exemption normally remain
[[Page 37793]]
effective indefinitely. Accordingly, if the Board does not approve or
exempt the transaction that is the subject of STB Finance Docket No.
32943 (or if NCRA does not consummate the transaction even if it has
been approved or exempted), NCRA would be required to continue service
begun under the trackage rights agreement until it obtains
discontinuance authority from the Board.
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C.
653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 32994, 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 Christopher J. Neary, Esq., 110 South Main
Street, Suite C, Willits, CA 95490.
Decided: July 15, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-18362 Filed 7-18-96; 8:45 am]
BILLING CODE 4915-00-P