[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Notices]
[Page 27785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13094]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33570]


Oregon Pacific Railroad Company--Acquisition and Operation 
Exemption--East Portland Traction Co. and Molalla Western Railway

    Oregon Pacific Railroad Company (OPR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate certain rail lines of East Portland Traction Co. (EPTC) and 
Molalla Western Railway (MWRL) <SUP>1</SUP> in Clackamas and Multnomah 
Counties, OR. The line to be acquired from EPTC extends from EPTC 
milepost 0.26 (at its connection with Union Pacific Railroad Company's 
(UP) Portland-Eugene mainline at UP MP 769) at or near East Portland, 
OR, to milepost 4.54 at Milwaukie, a distance of 4.28 miles, and 
includes 2.11 miles secondary and yard trackage, for a total trackage 
of 6.39 miles to be operated in Clackamas County, OR. The line to be 
acquired from MWRL extends from a connection with the UP main track at 
UP milepost 747.568 in the city of Canby, OR, to MP 757.50 at Molalla, 
a distance of 9.93 miles, and includes 1.45 miles of secondary and yard 
trackage, for a total trackage of 11.38 miles to be operated in 
Clakamas County, OR. The projected revenues of OPR will not exceed 
those of a Class III railroad.
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    \1\ An agreement was reached among the parties on December 31, 
1996, to transfer all assets from both EPTC and MWRL to OPR 
effective January 1, 1997. Due to oversight, OPR has been operating 
the rail lines since January 1, 1997, without appropriate authority 
from the Board.
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    Because OPR did not file its verified notice, as amended, until May 
4, 1998, the effective STB Finance Docket No. 33570 date of the 
exemption was May 11, 1998 (7 days after the exemption was 
filed).<SUP>2</SUP>
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    \2\ Under 49 CFR 1150.32(b), a notice of exemption does not 
become effective until 7 days after filing.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33570, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N. 
W., Washington, DC 20423-0001. In addition, a copy of each pleading 
must be served on Richard A. Samuels, President, Oregon Pacific 
Railroad Company, P.O. Box 22548, Portland, OR 97269.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 12, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-13094 Filed 5-19-98; 8:45 am]
BILLING CODE 4915-00-P