Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12975

1Northern Nevada Railroad Corporation—

Construction and Operation Exemption—White

Pine County, NV, Finance Docket No. 32476 (ICC

served Feb. 24, 1995).

1Northern Nevada Railroad Corporation—

Construction and Operation Exemption—White

Pine County, NV, Finance Docket No. 32476 (ICC

served Feb. 24, 1995).

protected from discovery) in a depository

open to all parties, and will make its

witnesses available for discovery depositions.

Access to documents subject to protective

order will be appropriately restricted. Parties

seeking discovery depositions may proceed

by agreement. Relevant excerpts of

transcripts will be received in lieu of crossexamination, unless cross-examination is

needed to resolve material issues of disputed

fact. Discovery on responsive and

inconsistent applications will begin

immediately upon their filing. The

Administrative Law Judge assigned to this

proceeding will have the authority initially to

resolve any discovery disputes.

[FR Doc. 95–5799 Filed 3–8–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32624]

Northern Nevada Railroad

Corporation—Modified Rail

Certificate—Between Cobre and McGill

Junction, NV

On December 2, 1994, Northern

Nevada Railroad Corporation (NNRC),

filed a notice for a modified certificate

of public convenience and necessity

under 49 CFR part 1150, subpart C—

Modified Certificate of Public

Convenience and Necessity, to operate

over a line of railroad owned by the

Department of Water and Power of the

City of Los Angeles (Los Angeles)

between Cobre, Elko County NV

(milepost 0.0) and McGill Junction,

White Pine County, NV (milepost

128.0), a total distance of 128.0 miles.

Prior to Los Angeles acquiring the

line, the line was formerly owned and

operated by Nevada Northern Railway

Company. Department of Water and

Power of the City of Los Angeles—

Acquisition and Operation Exemption—

The Nevada Northern Railway

Company, Finance Docket No. 31030

(ICC served June 8, 1987). Subsequently,

in Los Angeles Department of Water and

Power D/B/A Nevada Northern Railway

Company—Abandonment Exemption—

Line in Nevada, Docket No. AB–285

(Sub-No. 1X) (ICC served Oct. 3, 1988),

the line was authorized to be

abandoned.

NNRC’s notice indicates that the line

will connect with the Southern Pacific

Transportation Company at Cobre

(milepost 0.0); with the Union Pacific

Railroad Company at Shafter, NV

(milepost 18.8); and with NNRC at

McGill Junction (milepost 128.0). Los

Angeles has entered into an operating

agreement with NNRC which planned to

begin operation during January 1995.

Operations consist of moving about one

train per week over the line in each

direction. Operations will increase to

daily service once NNRC’s connecting

line is constructed.1

The Commission’s Section of

Environmental Analysis (SEA),

reviewed the proposed start up

operations that are the subject of the

modified certificate. Specifically, by

letter dated January 13, 1995, NNRC

sought clarification under 49 CFR

1105.6(d) that the start up operations

under the modified certificate do not

require environmental review. NNRC

provided supporting data concerning

commodities and the nature of the

proposed operations. By letter dated

January 27, 1995, based on the

information available at that time, SEA

notified NNRC that the modified

certificate operations had independent

utility and that no environmental

review would be required to transport

the commodities NNRC had identified.

Accordingly, this modified certificate is

issued only as to those identified

commodities and, under the certificate,

NNRC may conduct those operations

prior to completion of the construction

exemption proceedings in Finance

Docket No. 32476.

The Commission will serve a copy of

this notice on the Association of

American Railroads (Car Service

Division), as agent of all railroads

subscribing to the car-service and carhire agreement, 50 F Street NW.,

Washington, DC 20001, and on the

American Short Line Railroad

Association, 1120 G Street NW., Suite

520, Washington, DC 20005.

Decided: March 1, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5797 Filed 3–8–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32623]

Northern Nevada Railroad

Corporation—Modified Rail

Certificate—Between McGill Junction

and Keystone, NV

On December 2, 1994, Northern

Nevada Railroad Corporation (NNRC),

filed a notice for a modified certificate

of public convenience and necessity

under 49 CFR part 1150, subpart C—

Modified Certificate of Public

Convenience and Necessity, to operate a

line of railroad owned by the City of Ely

between McGill Junction, NV, (milepost

128.0) and Keystone, NV, (milepost

146.152), a total distance of 18.152

miles. The line will connect at each end

with another line operated by NNRC.

NNRC planned to begin operation

during January 1995. Operations consist

of moving about one train per week over

the line in each direction. Operations

will increase to daily service once

NNRC’s connecting line is constructed.1

Prior to the City of Ely acquiring the

line, the line was owned and operated

by Nevada Northern Railway Company,

a subsidiary of Kennecott Copper

Corporation. In Nevada Northern

Railway Company—Abandonment

Exemption in White (Pine) County, NV,

Docket No. AB–285X (ICC served July 6,

1987), the Commission authorized

Nevada Northern Railway Company to

abandon the line. Since that time, the

line has been operated for the City of

Ely by the White Pine Historical

Railroad Foundation (WPHRR). WPHRR

has entered into an operating agreement

with NNRC.

The Commission’s Section of

Environmental Analysis (SEA),

reviewed the proposed start up

operations that are the subject of this

modified certificate. Specifically, by

letter dated January 13, 1995, NNRC

sought clarification under 49 CFR

1105.6(d) that the start up operations

under the modified certificate do not

require environmental review. NNRC

provided supporting data concerning

commodities and the nature of the

proposed operations. By letter dated

January 27, 1995, based on the

information available at that time, SEA

notified NNRC that the modified

certificate operations had independent

utility and that no environmental

review would be required to transport

the commodities NNRC had identified.

Accordingly, this modified certificate is

issued only as to those identified

commodities, and, under the certificate,

NNRC may conduct those operations

prior to completion of the construction

exemption proceedings in Finance

Docket No. 32476.

The Commission will serve a copy of

this notice on the Association of

American Railroads (Car Service

Division), as agent of all railroads

subscribing to the car-service and carhire agreement, 50 F Street NW.,

Washington, DC 20001, and on the

American Short Line Railroad

Association, 1120 G Street NW., Suite

520, Washington, DC 20005.

Decided: March 1, 1995.