[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)] [Notices] [Page 41826] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20472] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board \1\ [Docket No. AB-12 (Sub-No. 184X)] \2\ Southern Pacific Transportation Company--Abandonment Exemption-- Wendel-Alturas Line in Modoc and Lassen Counties, CA AGENCY: Surface Transportation Board. \1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions and proceedings to the Surface Transportation Board (Board). Section 204(b)(1) of the Act provides, in general, that proceedings pending before the ICC on the effective date of that legislation shall be decided under the law in effect prior to January 1, 1996, insofar as they involve functions retained by the Act. This notice relates to a proceeding that was pending with the ICC prior to January 1, 1996, and to functions that are subject to Board jurisdiction pursuant to section 10903. Therefore, this notice applies the law in effect prior to the Act, and citations are to the former sections of the statute, unless otherwise indicated. \2\ This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. --------------------------------------------------------------------------- ACTION: Notice of exemption. ----------------------------------------------------------------------- SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior approval requirements of 49 U.S.C. 10903-04 the abandonment by Southern Pacific Transportation Company of its 85.5-mile rail line between milepost 360.1 near Wendel and milepost 445.6, near Alturas, in Modoc and Lassen Counties, CA, subject to standard labor protective conditions, environmental and historic preservation conditions, a 180- day trail use condition, and a 180-day public use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Formal expressions of intent to file an offer of financial assistance under 49 CFR 1152.27(c)(2) 3 and additional requests for trail use/rail banking under 49 U.S.C. 1152.29 must be filed by August 22, 1996; petitions to stay must be filed by August 22, 1996; and petitions to reopen must be filed by September 3, 1996. Because the Board is imposing a 180-day public use condition in this proceeding, it is unnecessary to request this condition. \3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 I.C.C.2d 164 (1987). --------------------------------------------------------------------------- ADDRESSES: Send pleadings referring to Docket No. AB-12 (Sub-No. 184X) to: (1) Surface Transportation Board, Office of the Secretary, Case Control Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423; and (2) Gary A. Laakso, General Attorney, Southern Pacific Building, One Market Plaza, Room 846, San Francisco, CA 94105. FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 927-5352. [TDD for the hearing impaired: (202) 927-5721.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's Decision No. 44 in Finance Docket No. 32760. To purchase a copy of the full decision, write to, call, or pick up in person from: DC News & Data, Inc., 1201 Constitution Avenue, N.W., Room 2229, Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance for the hearing impaired is available through TDD services (202) 927-5721.] Decided: August 6, 1996. By the Board, Chairman Morgan, Vice Chairman Simmons, and Commissioner Owen. Vernon A. Williams, Secretary. [FR Doc. 96-20472 Filed 8-9-96; 8:45 am] BILLING CODE 4915-00-P