[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Notices]
[Page 20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10962]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33581]


Lake County Railroad--Modified Rail Certificate

    On March 24, 1998, Lake County, OR <SUP>1</SUP> filed a notice for 
a modified certificate of public convenience and necessity under 49 CFR 
1150, Subpart C, Modified Certificate of Public Convenience and 
Necessity, to operate, as Lake County Railroad (LCR), a 54.45-mile line 
of railroad, known as the Lakeview Branch, extending from milepost 
458.60 in Alturas, CA, to milepost 513.05 in Lakeview, OR.<SUP>2</SUP>
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    \1\ Lake County is a political subdivision of the State of 
Oregon and therefore is considered a ``State'' as defined at 49 CFR 
1150.21.
    \2\ On April 8, 1998, Lake County submitted supplemental 
information as required by 49 CFR 1150.23.
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    The involved rail line was abandoned by Southern Pacific 
Transportation Company (SPT) in Southern Pacific Transportation 
Company--Abandonment--in Modoc County, CA and Lake County, OR, Docket 
No. AB-12 (Sub-No. 84) (ICC served Oct. 20, 1985). LCR acquired the 
line from SPT, and subsequently contracted with Great Western Railway 
of Oregon (GWR) to operate the line as a short line 
operator.<SUP>3</SUP>
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    \3\ See The Great Western Railway Co.-Modified Rail Certificate, 
Finance Docket No. 30777 (ICC served Feb. 26, 1986).
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    According to LCR, the lease agreement entered into between LCR and 
GWR on May 1, 1991, as amended on May 5, 1991, December 7, 1994, and on 
or about October 1, 1995, was terminated on November 1, 1997.
    LCR provides freight service between Lakeview and Alturas, and 
connects with Union Pacific Railroad Company at Alturas. Operations by 
LCR over the 54.45-mile line commenced on November 1, 1997.<SUP>4</SUP>
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    \4\ According to 49 CFR 1150.23(a), operations may commence 
immediately upon the filing of the notice for a modified 
certificate. Lake County has not explained why it did not file its 
notice before November 1, 1997. However, it does not appear that the 
late filing was due to any intent to avoid the regulatory 
requirements and Lake County now has submitted all of the requisite 
information.
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    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    LCR indicates that no subsidy is involved and that there are no 
preconditions for shippers to meet in order to receive rail service.
    This notice must be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
Railroad Association: American Short Line Railroad Association, 1120 G 
Street, NW., Suite 520, Washington, DC 20005.

    Decided: April 17, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-10962 Filed 4-23-98; 8:45 am]
BILLING CODE 4915-00-P