Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 25011

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901.

2NWPRA is an independent joint powers public

agency created pursuant to California Government

Code Section 6500 et seq. by virtue of an agreement

among the County of Marin, the Golden Gate

Bridge, Highway and Transportation District

(GGBHTD), and the North Coast Railroad Authority

(NCRA).

3See California Northern Railroad Company

Limited Partnership—Trackage Rights—Southern

Pacific Transportation Company, Finance Docket

No. 32673, (ICC served May 15, 1995).

Federal Transit Administration

Transfer of Federally Assisted Land or

Facility

AGENCY: Federal Transit Administration,

DOT.

ACTION: Notice of intent to transfer

Federally assisted land or facility.

SUMMARY: 49 U.S.C. Section 5334(g),

[formerly called Section 12(k) of The

Federal Transit Act], permits the

Administrator of the Federal Transit

Administration (FTA) to authorize a

recipient of FTA funds to transfer land

or a facility to a public body for any

public purpose with no further

obligation to the Federal Government if,

among other things, no Federal agency

is interested in acquiring the asset for

Federal use. Accordingly, FTA is

issuing this Notice to advise Federal

agencies that the Maryland Mass Transit

Administration intends to transfer

property located at the intersection of

York Road, Dulaney Valley Road, Joppa

Road and Allegheny Avenue, in

Towson, Maryland.

EFFECTIVE DATE: Any Federal agency

interested in acquiring the land or

facility must notify the FTA

Philadelphia Regional Office of its

interest, by June 17, 1996.

ADDRESSES: Interested parties should

notify the Regional Office by writing to

Mr. Sheldon A. Kinbar, Regional

Administrator, Federal Transit

Administration, 1760 Market Street,

Room 500, Philadelphia, Pennsylvania

19103.

FOR FURTHER INFORMATION CONTACT:

Sheila Byrne, Transportation Program

Specialist, Region 3, at 215/656–6900 or

Ann Catlin, Real Estate Specialist,

Office of Program Management at 202/

366–1647.

SUPPLEMENTARY INFORMATION:

Background

49 U.S.C. Section 5334(g) provides

guidance on the transfer of capital

assets. Specifically, if a recipient of FTA

assistance decides an asset acquired

under this chapter at least in part with

that assistance is no longer needed for

the purpose for which it was acquired,

the Secretary of Transportation may

authorize the recipient to transfer the

asset to a local governmental authority

to be used for a public purpose with no

further obligation to the Government.

The Secretary may authorize a transfer

for a public purpose other than mass

transportation only if the Secretary

decides: 49 U.S.C. Section 5334(g)

DETERMINATIONS:

(A) The asset will remain in public

use for not less than 5 years after the

date the asset is transferred;

(B) There is no purpose eligible for

assistance under this chapter for which

the asset should be used;

(C) The overall benefit of allowing the

transfer is greater than the interest of the

Government in liquidation and return of

the financial interest of the Government

in the asset, after considering fair

market value and other factors; and

(D) Through an appropriate screening

or survey process, that there is no

interest in acquiring the asset for

Government use if the asset is a facility

or land.

Federal Interest in Acquiring Land or

Facility

This document implements the

requirements of 49 U.S.C. Section

5334(g). Accordingly, FTA hereby

provides notice of the availability of the

land or facility further described below.

Any Federal agency interested in

acquiring the affected land or facility

should promptly notify the FTA.

If no Federal agency is interested in

acquiring the existing land or facility,

FTA will make certain that the other

requirements specified in 49 U.S.C.

Section 5334(g) (1)(A) through (1)(D) are

met before permitting the asset to be

transferred.

Additional Description of Land or

Facility:

Parcel of land approximately 4,485

square feet (identified as 602–608 York

Road) located at the intersection of York

Road, Dulaney Valley Road, Joppa Road

and Allegheny Avenue in Towson,

Maryland.

Issued on: May 13, 1996.

Sheldon A. Kinbar,

Regional Administrator.

[FR Doc. 96–12404 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–57–P

Surface Transportation Board 1

[STB Finance Docket No. 32910]

Northwestern Pacific Railroad

Authority; Acquisition Exemption;

Former Northwestern Pacific Railroad

Line From Southern Pacific

Transportation Company and Golden

Gate Bridge, Highway and

Transportation District

Northwestern Pacific Railroad

Authority (NWPRA), a noncarrier,2 has

filed a verified notice of exemption

under 49 CFR 1150.31 to acquire former

Northwestern Pacific Railroad Line real

estate and rail facilities/trackage from

Southern Pacific Transportation

Company (SP) which extends from

Healdsburg, CA (NWP MP 68.2), to

Lombard Station, Napa County, CA (SP

MP 63.4), via Schellville (NWP MP

40.6/SP MP 72.59), a distance of 66.85

miles.

The purpose of the acquisition is to

preserve the railroad corridor for

potential future mass transit use.

The transaction was expected to close

on or about April 30, 1996.

Freight service on the line will

continue to be provided by the

California Northern Railroad Company

(CNRR) pursuant to long-term lease

arrangement with SP.3 NWPRA will take

title subject to the CNRR lease, and

CNRR will continue to provide freight

service. The joint powers agreement

forming the NWPRA make an express

commitment that in the event the

existing operator files an application to

abandon or discontinue freight service

over the line NWPRA is to acquire in

Finance Docket No. 32910, NCRA will

be entitled to obtain an easement from

NWPRA permitting it to continue freight

service over the line. To provide for

this, NWPRA states that it will,

simultaneously with the closing of this

transaction, transfer a permanent and

exclusive freight railroad easement to

NCRA, which will become effective

only upon the cessation of freight
25012 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

4See Golden Gate Bridge, Highway &

Transportation District—Acquisition Exemption—

Northwestern Pacific Railroad Company and

Southern Pacific Transportation Company, Finance

Docket No. 31689 (ICC served July 5, 1990).

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901.

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901.

2This notice corrects the notice previously served

and published in the Federal Register on May 7,

1996. The prior notice erroneously stated that

Owensville Terminal Company, Inc., is a subsidiary

of RailAmerica, Inc.

3P&O owns the line and operates it as a branch

line, using equipment and labor supplied under

contract by Garden Spot & Ohio Railroad (GS&O).

The line connects with GS&O at Poseyville.

4P&O was placed into receivership by the Gibson

County Superior Court, Gibson County, IN, in Cause

No. 26001–9303–CP–0010. On March 19, 1993, the

court appointed Robert W. Musgrave (Musgrave)

receiver for P&O. Pursuant to a March 26, 1996

court order, Musgrave agreed to sell the line (real

estate, leases and licenses, track, ties, and other

track materials) to RailAmerica, Inc. (Rail America),

a Delaware corporation. RailAmerica, in turn, will

assign its rights and interests in the line to OTC,

and Huron and Eastern Railway Company, Inc.

(Huron), will supply the labor and equipment, as

needed, for OTC to operate the line. OTC and

Huron are Michigan corporations, and Huron is a

RailAmerica subsidiary.

service by CNRR and the approval by

the Board of both the transfer of the

easement and the assumption of carrier

responsibility by NCRA.

In addition, CNRR currently operates

over the segment between NWP MP

26.96 and NWP MP 25.57 pursuant to a

freight easement which was retained by

SP in a transaction involving GGBHT.4

At the closing of the transaction in

Finance Docket No. 32910, SP’s freight

easement will be quitclaimed to

GGBHTD, which will then grant to

NWPRA the rights to operate over the

easement area. According to NWPRA,

NCRA will obtain an easement from

NWPRA to provide freight service over

the segment between NWP MP 26.96

and NWP MP 25.57, at the same time

that it acquires the easement mentioned

earlier, by which it would take over

operations after CNRR ceases its

operations.

NWPRA states that the future transfer

of these easements will imbue NCRA

with all carrier rights and

responsibilities and that NWPRA will

remain a noncarrier holder of the

underlying real estate. NWPRA thus

states that it intends in the near future

to file either a Motion to Dismiss this

Notice or a Petition for a Declaratory

Order requesting that it be designated as

a noncarrier.

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

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 32910, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

David J. Miller, Esq., Hanson, Bridgett,

Marcus, Vlahos & Rudy, 333 Market

Street, Suite 2300, San Francisco, CA

94105.

Decided: May 9, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–12455 Filed 5–16–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[STB Finance Docket No. 32907]

Ormet Railroad Corporation;

Acquisition and Operation Exemption;

Consolidated Rail Corporation

Ormet Railroad Corporation of

Wheeling, WV (ORC), a noncarrier, has

filed a verified notice of exemption

under 49 CFR 1150.31 to acquire from

Consolidated Rail Corporation’s Omal

Secondary Track from milepost 60.5 at

Powhatten Point, to the end of the line,

milepost 72.7 at Omal, a distance of 12.2

miles in Monroe County, OH.

ORC will assume the common carrier

obligation associated with the line,

holding itself out to render common

carrier service by railroad. Consolidated

Rail Corporation will perform the

operations on the line, solely pursuant

to a private contractual arrangement, on

behalf of and for the account of ORC.

Consummation was to be on or after

April 30, 1996. 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

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 32907, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Fritz R. Kahn, Esq., Suite 750 West,

1100 New York Avenue NW.,

Washington, DC 20005–3934.

Decided: May 10, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–12456 Filed 5–16–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[STB Finance Docket No. 32899] 2

Owensville Terminal Company, Inc.;

Acquisition and Operation

Exemption—Poseyville & Owensville

Railroad Company, Inc.

Owensville Terminal Company, Inc.

(OTC), a noncarrier, filed a notice of

exemption to acquire from Poseyville &

Owensville Railroad Company, Inc.

(P&O), and operate approximately 11.2

miles of rail branch line in Gibson and

Posey Counties, IN, between milepost

271.0 in Poseyville and milepost 282.2

in Owensville.3 The transaction was to

be consummated on or after April 19,

1996.4

This notice is filed under 49 CFR

1150.31. If the 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) [formerly

section 10505(d)] may be filed at any

time. The filing of a petition to reopen

will not automatically stay the

transaction. An original and 10 copies of

all pleadings, referring to STB Finance

Docket No. 32899, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Robert P. vom Eigen, Esq., Hopkins &

Sutter, 888 16th Street NW.,

Washington, DC 20006.

Decided: April 29, 1996.