48522 Federal Register / Vol. 61, No. 179 / Friday, September 13, 1996 / Notices milepost 1650.2, in Wenatchee, WA, The transaction was expected to be By the Board, David M. Konschnik, including over any and all tracks in consummated on or after the September Director, Office of Proceedings. BN’s Wenatchee, WA, rail yard for the 4, 1996 effective date of the exemption. Vernon A. Williams, sole purpose of interchanging freight This transaction is related to STB Secretary. cars and equipment between CCRR and Finance Docket No. 33047, Cascade and [FR Doc. 96–23502 Filed 9–12–96; 8:45 am] BN and no other party at the Wenatchee Columbia River Railroad Company— BILLING CODE 4915±00±P rail yard. Acquisition and Operation Exemption— The transaction was expected to be Lines of Burlington Northern Railroad [Finance Docket No. 32760 (Sub-No. 18)] consummated on or after the September Company, wherein CCRR seeks to acquire and operate certain rail lines 4, 1996 effective date of the exemption. Utah Railway CompanyÐTrackage from Burlington Northern Railroad This transaction is related to STB Rights ExemptionÐUnion Pacific Company. Finance Docket No. 33048, RailAmerica, Railroad Company, Missouri Pacific Inc.—Continuance in Control RailAmerica owns and controls seven existing Class III common carrier Railroad Company, Southern Pacific Exemption—Cascade and Columbia Transportation Company, St. Louis River Railroad Company, wherein railroads operating in six states: Evansville Terminal Company, Inc.; Southwestern Railway Company, RailAmerica, Inc. has concurrently filed SPCSL Corp., the Denver & Rio Grande a verified notice to continue in control Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway Company, Western Railroad Company; [Decision of CCRR, upon its becoming a Class III No. 54] rail carrier. Inc.; West Texas & Lubbock Railroad If the verified notice contains false or Company, Inc., Plainview Terminal Union Pacific Railroad Company misleading information, the exemption Company; the Dakota Rail, Inc.; and the (UPRR), Missouri Pacific Railroad is void ab initio. Petitions to reopen the South Central Tennessee Railroad Company (MPRR), 2 Southern Pacific proceeding to revoke the exemption Company. Transportation Company (SPT), St. RailAmerica states that: (i) the under 49 U.S.C. 10502(d) may be filed Louis Southwestern Railway Company railroads will not connect with each at any time. The filing of a petition to (SSW), SPCSL Corp. (SPCSL), The other or any railroads in their corporate revoke will not automatically stay the Denver & Rio Grande Western Railroad family; (ii) the continuance in control is 3 transaction. Company (DRGW), have agreed to not part of a series of anticipated An original and 10 copies of all grant overhead trackage rights, with transactions that would connect the certain local access rights, over a line of pleadings, referring to STB Finance railroads with each other or any railroad Docket No. 33047, must be filed with railroad of DRGW to Utah Railway in their corporate family; and (iii) the Company (UTAH). These trackage rights the Surface Transportation Board, Office transaction does not involve a Class I of the Secretary, Case Control Branch, are related to the recently approved UP/ carrier. Therefore, the transaction is SP merger in Union Pacific Corporation, 1201 Constitution Avenue, N.W., exempt from the prior approval Washington, DC 20423. In addition, a Union Pacific Railroad Company, and requirements of 49 U.S.C. 11323. See 49 Missouri Pacific Railroad Company— copy of each pleading must be served on CFR 1180.2(d)(2). Edward D. Greenberg, Esq., Galland, Control and Merger—Southern Pacific Under 49 U.S.C. 10502(g), the Board Rail Corporation, Southern Pacific Kharasch, Morse & Garfinkle, P.C., may not use its exemption authority to Transportation Company, St. Louis Canal Square, 1054 Thirty-First Street, relieve a rail carrier of its statutory Southwestern Railway Company, SPCSL N.W., Washington, DC 20007. obligation to protect the interests of its Corp., and The Denver and Rio Grande Decided: September 5, 1996. employees. Section 11326(c), however, Western Railroad Company. See By the Board, David M. Konschnik, does not provide for labor protection for Finance Docket No. 32760 (STB served Director, Office of Proceedings. transactions under sections 11324 and Aug. 12, 1996) (Decision No. 44). The Vernon A. Williams, 11325 that involve only Class III rail overhead trackage rights extend from Secretary. carriers. Because this transaction milepost 628.8, near Utah Railway involves Class III rail carriers only, the [FR Doc. 96–23501 Filed 9–12–96; 8:45 am] Junction, UT, to milepost 450.0, near Board, under the statute, may not BILLING CODE 4915±00±P Grand Junction, CO, a total distance of impose labor protective conditions for approximately 178.8 miles, in Carbon, this transaction. Emory and Grand Counties, UT, and If the notice contains false or Mesa County, CO. Utah will have the [STB Finance Docket No. 33048] misleading information, the exemption right to interchange at Utah Railway is void ab initio. Petitions to revoke the RailAmerica, Inc.ÐContinuance in Junction and Grand Junction with UP/ exemption under 49 U.S.C. 10502(d) SP and the Burlington Northern Control ExemptionÐCascade and may be filed at any time. The filing of Columbia River Railroad Company Railroad Company and The Atchison, a petition to revoke will not Topeka and Santa Fe Railway Company. RailAmerica, Inc. (RailAmerica), a automatically stay the transaction. The local rights are for Utah to have An original and 10 copies of all noncarrier, has filed a notice of access to the coal loading facility of pleadings, referring to STB Finance exemption to continue in control of Savage Industries, Inc., Savage Coal Docket No. 33048, must be filed with Cascade and Columbia River Railroad the Surface Transportation Board, Office Company (CCRR), upon CCRR’s 1 The ICC Termination Act of 1995, Pub. L. No. of the Secretary, Case Control Branch, becoming a Class III rail carrier. 104–88, 109 Stat. 803, which was enacted on 1201 Constitution Avenue, N.W., December 29, 1995, and took effect on January 1, Washington, DC 20423. In addition, a 1996, abolished the Interstate Commerce 1 The ICC Termination Act of 1995, Pub. L. No. copy of each pleading must be served on Commission and transferred certain functions to the 104–88, 109 Stat. 803, which was enacted on Surface Transportation Board (Board). This notice December 29, 1995, and took effect on January 1, Edward D. Greenberg, Esq., Galland, relates to functions that are subject to Board 1996, abolished the Interstate Commerce Kharasch, Morse & Garfinkle, P.C., jurisdiction pursuant to 49 U.S.C. 11323–24. Commission and transferred certain functions to the Canal Square, 1054 Thirty-First Street, 2 UPRR and MPRR are referred to collectively as Surface Transportation Board (Board). This notice N.W., Washington, DC 20007. UP. relates to functions that are subject to Board 3 SPT, SSW, SPCSL and DRGW are referred to jurisdiction pursuant to 49 U.S.C. 11323–24. Decided: September 5, 1996. collectively as SP. Federal Register / Vol. 61, No. 179 / Friday, September 13, 1996 / Notices 48523

Terminal, which is located at the so- CFR Part 1152 Subpart F—Exempt revocation under 49 U.S.C. 10502(d) called CV Spur at milepost 615.8 near Abandonments and Discontinuances to must be filed. Price, UT, and for access to East Carbon discontinue a portion of its trackage Provided no formal expression of Development Company Environmental rights over approximately 104.9 miles of intent to file an offer of financial L.C. at the CV Spur in a transload Consolidated Rail Corporation’s assistance (OFA) has been received, this operation of non-hazardous waste (Conrail) 2 line of railroad known as the exemption will be effective on October materials. Danville Secondary between Conrail 15, 1996,5 unless stayed pending The transaction is scheduled to be milepost 4.3+/¥ at Gibson, IN, and reconsideration. Petitions to stay and consummated on, or as soon as possible Conrail milepost 109.2+/¥ at Danville, formal expressions of intent to file an after, September 11, 1996. IL, in Lake, Newton, Benton and Warren OFA under 49 CFR 1152.27(c)(2),6 must As a condition to this exemption, any Counties, IN, and Vermilion County, be filed by September 23, 1996. employees affected by the trackage IL.3 Petitions to reopen must be filed by rights will be protected by the Soo has certified that: (1) No local October 3, 1996, with: Office of the conditions imposed in Norfolk and traffic has moved over the line for at Secretary, Case Control Branch, Surface Western Ry. Co.—Trackage Rights—BN, least 2 years; (2) all overhead traffic has Transportation Board, 1201 Constitution 354 I.C.C. 605 (1978), as modified in been been rerouted over alternative Avenue, N.W., Washington, DC 20423. Mendocino Coast Ry., Inc.—Lease and trackage rights; 4 (3) no formal complaint A copy of any petition filed with the Operate, 360 I.C.C. 653 (1980). filed by a user of rail service on the line Board should be sent to applicant’s This notice is filed under 49 CFR (or by a state or local government entity representative: Larry D. Starns, Esq., 1180.2(d)(7). If it contains false or acting on behalf of such user) regarding General Attorney, CP Legal Services, misleading information, the exemption cessation of service over the line either Office of the U.S. Regional Counsel, 100 is void ab initio. Petitions to revoke the is pending with the Board or with any Soo Line Building, 105 South 5th Street, exemption under 49 U.S.C. 10502(d) U.S. District Court or has been decided Minneapolis, MN 55402. may be filed at any time. The filing of If the verified notice contains false or in favor of complainant within the 2- a petition to revoke will not misleading information, the exemption year period; and (4) the requirements at automatically stay the transaction. is void ab initio. An original and 10 copies of all 49 CFR 1105.12 (newspaper Environmental, historic preservation, pleadings, referring to Finance Docket publication), and 49 CFR 1152.50(d)(1) public use, or trail use/rail banking No. 32760 (Sub-No. 18), must be filed (notice to governmental agencies) have conditions will be imposed, where with the Surface Transportation Board, been met. appropriate, in a subsequent decision. Office of the Secretary, Case Control As a condition to this exemption, any employee adversely affected by the Decided: August 30, 1996. Branch, 1201 Constitution Avenue, By the Board, David M. Konschnik, N.W., Washington, DC 20423. In abandonment shall be protected under Oregon Short Line R. Co.— Director, Office of Proceedings. addition, a copy of each pleading must Vernon A. Williams, be served on: (1) Charles H. White, Jr., Abandonment—Goshen, 360 I.C.C. 91 Secretary. Galland, Kharasch, Morse & Garfinkle, (1979). To address whether this 1054 31st Street, N.W., Washington, DC condition adequately protects affected [FR Doc. 96–23503 Filed 9–12–96; 8:45 am] 20007; (2) Paul A. Conley, Jr., Assistant employees, a petition for partial BILLING CODE 4915±00±P Vice President-Law, 1416 Dodge Street, #830, Omaha, NE 68179; and (3) Louis 2 Soo is the successor in interest to the Chicago, P. Warchot, Associate General Counsel, Milwaukee, St. Paul, and Pacific Railroad Company, DEPARTMENT OF THE TREASURY which acquired the trackage rights over the Indiana One Market Plaza, San Francisco, CA Harbor Belt Railroad Co. and Conrail pursuant to Submission for OMB Review; 94105. authority granted in ICC Finance Docket No. 29186 Comment Request Decided: September 9, 1996. (Sub-No. 1), Richard B. Ogilvie, Trustee of the Property of Chicago, Milwaukee, St. Paul, and By the Board, David M. Konschnik, Pacific Railroad Company—Trackage Rights—Over August 26, 1996. Director, Office of Proceedings. Indiana Harbor Belt Railroad Company Between The Department of Treasury has Vernon A. Williams, North Harvey IL, and Gibson, IN and Consolidated submitted the following public Rail Corporation Between Gibbons, IN and Terre information collection requirement(s) to Secretary. Haute, IN (ICC served Apr. 16, 1980), as [FR Doc. 96–23505 Filed 9–12–96; 8:45 am] supplemented by decisions served May 8, 1980, and OMB for review and clearance under the Paperwork Reduction Act of 1995, BILLING CODE 4915±00±P Aug. 6, 1980. 3 Under 49 CFR 1152.50(d)(2), the railroad must Public Law 104–13. Copies of the file a verified notice with the Board at least 50 days submission(s) may be obtained by [STB Docket No. AB±57 (Sub-No. 42X)] before the abandonment or discontinuance is to be calling the Treasury Bureau Clearance consummated. Soo, in its verified notice tendered for filing on July 31, 1996, indicated a proposed Officer listed. Comments regarding this Soo Line Railroad CompanyÐ consummation date of September 21, 1996. information collection should be Discontinuance of Trackage Rights However, applicant failed to publish notice in the addressed to the OMB reviewer listed ExemptionÐin Lake, Newton, Benton newspaper as required, and a new filing date of and to the Treasury Department and Warren Counties, IN and Vermilion August 26, 1996, was entered when proof of publication was received. Because the verified Clearance Officer, Department of the County, IL notice was not complete until August 26, 1996, and Treasury, Room 2110, 1425 New York Soo Line Railroad Company (Soo) has hence was not deemed filed until then, the earliest Avenue, NW., Washington, DC 20220. possible consummation date is October 15, 1996. Special Request: In order to filed a notice of exemption under 49 Applicant’s representative has confirmed that the correct consummation date is on or after October implement the information collection 1 The ICC Termination Act of 1995, Pub. L. 104– 15, 1996. 88, 109 Stat. 803, which was enacted on December 4 Soo acquired and activated parallel trackage 5 Because this is a discontinuance proceeding and 29, 1995, and took effect on January 1, 1996, rights on CSXT’s line from Blue Island Junction/ not an abandonment, trail use/rail banking and abolished the Interstate Commerce Commission and Woodland Junction/Dolton, IL, to Spring Hill public use conditions are not appropriate. Likewise, transferred certain functions to the Surface Interlocking/Terre Haute, IN. See Soo Line Railroad no environmental or historical documentation is Transportation Board (Board). This notice relates to Company—Trackage Rights Exemption—CSX required here under 49 CFR 1105.6(b)(3). functions that are subject to the Board’s jurisdiction Transportation, Inc., ICC Finance Docket No. 31383 6 See Exempt. of Rail Abandonment—Offers of pursuant to 49 U.S.C. 10903. (ICC served Jan. 10, 1989). Finan. Assist., 4 I.C.C.2d 164 (1987).