Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices 2571

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

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

Therefore, this notice applies the law in effect prior

to the Act, and citations are to the former sections

of the statute, unless otherwise indicated.

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

104–88, 109 Stat. 803 (the Act), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

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

Therefore, this notice applies the law in effect prior

to the Act, and citations are to the former sections

of the statute, unless otherwise indicated.

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

104–88, 109 Stat. 803 (the Act), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to 49 U.S.C. 11323.

Therefore, this notice applies the law in effect prior

to the Act, and citations are to the former section

of the statute, unless otherwise indicated.

political subdivision of the State of

Texas, has filed a verified notice of

exemption under 49 CFR Part 1150,

Subpart D—Exempt Transaction to: (1)

Acquire and operate 31.0-miles of rail

line from St. Louis Southwestern

Railway Company (SSW) from milepost

524.0 to milepost 555.0 in Hopkins,

Delta, and Hunt Counties, TX; and (2) to

obtain trackage rights from milepost

524.0 to milepost 517.0 a distance of 7

miles, in the vicinity of Sulphur

Springs, TX. NETEX was expected to

consummate the transaction on

December 15, 1995.

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. 10505(d) may be filed

at any time. The filing of a petition to

reopen will not stay the exemption’s

effectiveness. An original and 10 copies

of all pleadings, referring to Finance

Docket No. 32841, must be filed with

the Office of the Secretary, Case Control

Branch, Surface Transportation Board,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Paul D. Angenend, SAEGERT,

ANGENEND & AUGUSTINE, P. O. Box

410, Austin, TX 78767–0410.

Decided: January 19, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams

Secretary.

[FR Doc. 96–1334 Filed 1–25–96; 8:45 am]

BILLING CODE 4915–00–P

[Finance Docket No. 32838]

R.J. Corman Railroad Company/

Pennsylvania Lines, Inc.—Acquisition

and Operation Exemption—Lines of

Consolidated Rail Corporation

R.J. Corman Railroad Company/

Pennsylvania Lines. Inc. (RJCP), a noncarrier, has filed a verified notice under

49 CFR Part 1150, Subpart D—Exempt

Transactions to acquire and operate

approximately 230.4 miles of rail lines

of Consolidated Rail Corporation

(Conrail) known as the ‘‘Clearfield

Cluster’’ in Centre, Clinton, Clearfield,

Jefferson, Indiana and Cambria

Counties, PA. RJCP also will acquire by

assignment from Conrail incidental

trackage rights over approximately 7.8

miles of rail lines between Clearfield

and Curwensville, PA, owned by the

Clearfield and Mahoning Railway

Company. The transaction was to have

been consummated on December 29,

1995.

This proceeding is related to Richard

J. Corman—Continuance in Control

Exemption—R.J. Corman Railroad

Company/Pennsylvania Lines. Inc.,

Finance Docket No. 32939, wherein

Richard J. Corman has concurrently

filed a verified notice to continue to

control R.J. Corman Railroad Company/

Pennsylvania Lines, Inc. upon its

becoming a rail carrier.

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. 10505(d) may be filed

at any time. The filing of a petition to

reopen will not stay the exemption’s

effectiveness. An original and 10 copies

of all pleadings, referring to Finance

Docket No. 32838, must be filed with

the Office of the Secretary, Case Control

Branch, Surface Transportation Board,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Kevin M. Sheys, Oppenheimer Wolff &

Donnelly, 1020 Nineteenth Street NW.,

Suite 400, Washington, DC 20036.

Decided: January 23, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–1332 Filed 1–25–96; 8:45 am]

BILLING CODE 4915–00–P

[Finance Docket No. 32839] 1

Richard J. Corman—Continuance in

Control Exemption—R.J. Corman

Railroad Company/Pennsylvania Lines,

Inc.

Richard J. Corman (Corman), a noncarrier, has filed a verified notice under

49 CFR 1180.2(d)(2) to continue in

control of R.J. Corman Railroad

Company/Pennsylvania Lines, Inc.

(RJCP) on RJCP’s becoming a carrier.

RJCP, a new entity within the R.J.

Corman family, was created to acquire

from Consolidated Rail Corporation

(Conrail) approximately 238.2 miles of

rail lines and trackage rights known as

the ‘‘Clearfield Cluster’’ in Centre,

Clinton, Clearfield, Jefferson, Indiana

and Cambria Counties, PA. The

transaction was to have been

consummated on December 29, 1995.

This proceeding is related to R.J.

Corman Railroad Company/

Pennsylvania Lines, Inc.—Acquisition

and Operation Exemption—Lines of

Consolidated Rail Corporation, Finance

Docket No. 32838, wherein RJCP will

acquire 230.4 miles of rail lines of

Conrail, and to acquire by assignment

from Conrail incidental trackage rights

over approximately 7.8 miles of railroad

owned by the Clearfield and Mahoning

Railway Company.

The transaction is exempt from the

prior approval requirements of 49 U.S.C.

11343 because: (1) the properties of

RJCP will not connect with any other

railroad in the R.J. Corman corporate

family; (2) the continuance in control is

not part of a series of anticipated

transactions that would connect RJCP

with any other railroad in the R.J.

Corman corporate family; and (3) the

transaction does not involve a class I

carrier.

As a condition to this exemption, any

employees adversely affected by the

trackage rights will be protected under

New York Doc Ry.—Control—Brooklyn

Eastern Dist., 360 I.C.C. 60 (1979).

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. 10505(d) may be filed

at any time. The filing of a petition to

reopen will not stay the exemption’s

effectiveness. An original and 10 copies

of all pleadings, referring to Finance

Docket No. 32839, must be filed with

the Office of the Secretary, Case Control

Branch, Surface Transportation Board,
2572 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices

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

104–88, 109 Stat. 803 (the Act), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of the legislation

shall be decided under the law in effect prior to

January 1, 1996, insofar as they involve functions

retained by the Act. This notice relates to a

proceeding that was pending with the ICC prior to

January 1, 1996, and to functions that are subject

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

Therefore, this notice applies the law in effect prior

to the Act.

2 Under 49 CFR 1150.32(b), the notice of

exemption is effective 7 days after it is filed. The

notice was filed on December 29, 1995.

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

104–88, 109 Stat. 803 (the Act), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to 49 U.S.C. 10903.

Therefore, this notice applies the law in effect prior

to the Act, and citations are to the former sections

of the statute, unless otherwise indicated.

2 The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

3 See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

4 The Board will accept a late-filed trail use

request so long as the abandonment has not been

consummated and the abandoning railroad is

willing to negotiate an agreement.

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Kevin M. Sheys, Oppenheimer Wolff &

Donnelly, 1020 Nineteenth Street NW.,

Suite 400, Washington, DC 20036.

Decided: January 23, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–1331 Filed 1–25–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[Finance Docket No. 32855]

Alamo Gulf Coast Railroad Company—

Lease and Operation Exemption—

Certain Lines of Southern Pacific

Transportation Company

Alamo Gulf Coast Railroad Company

(AGCRC) has filed a notice of exemption

to acquire by lease and to operate 5

miles of rail line owned by the Southern

Pacific Transportation Company (SPT)

from milepost 252 to milepost 257, near

Beckmann Station, in Bexar County, TX.

The proposed transaction is to be

consummated on the date of final

agreement of the parties, or on the

effective date of the notice, whichever

occurs later.2

Any comments must be filed with the

Surface Transportation Board, 1201

Constitution Ave., NW., Washington,

DC 20423 and served on: Richard A.

Allen, Zuckert, Scoutt & Rasenberger,

L.L.P., Suite 600, 888 17th Street, NW.,

Washington, DC 20006–3959.

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 revoke the

exemption under 49 U.S.C. 10502(d)

[formerly 10505(d)] may be filed any

time. The filing of a petition to revoke

will not stay the transaction.

Decided: January 23, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–1494 Filed 1–25–96; 8:45 am]

BILLING CODE 4915–00–P

[Docket No. AB–3 (Sub-No. 128X)]; [Docket

No. AB–456 (Sub-No. 1X)]

Missouri Pacific Railroad Company—

Abandonment Exemption— in Henry

County, MO and Missouri and Northern

Arkansas Railroad—Discontinuance of

Service Exemption—in Henry County,

MO

Missouri Pacific Railroad Company

(MP) and Missouri and Northern

Arkansas Railroad (MNA) have filed a

notice of exemption under 49 CFR 1152

Subpart F—Exempt Abandonments and

Discontinuances for MP to abandon and

MNA to discontinue service over a

segment of MP’s Clinton Branch line

(known as the FPE Spur-Clinton line)

extending between milepost 262.6 at the

end of the line near FPE Spur and

milepost 267.0 near Clinton, a distance

of approximately 4.4 miles in Henry

County, MO.

MP and MNA certify that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic; (3) no formal complaint filed by

a user of rail service on this line (or a

state or local government entity acting

on behalf of such user) regarding

cessation of service over the line either

is pending with the Board or any U.S.

District Court or has been decided in

favor of the complainant within the 2-

year period; and (4) the requirements at

49 CFR 1105.7 (environmental report),

49 CFR 1105.8 (historic report), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to use of this

exemption, any employee adversely

affected by the abandonment shall be

protected under Oregon Short Line R.

Co.—Abandonment—Goshen, 360 I.C.C.

91 (1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

[formerly 10505(d)] must be filed.

Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on February

25, 1996, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,2

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2),3 and

trail use/rail banking statements under

49 CFR 1152.29 must be filed by

February 5, 1996.4 Petitions to reopen or

requests for public use conditions under

49 CFR 1152.28 must be filed by

February 15, 1996, with: Office of the

Secretary, Case Control Branch, Surface

Transportation Board, 1201 Constitution

Avenue, NW, Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicants’

representatives: Joseph D. Anthofer,

Missouri Pacific Railroad Company,

1416 Dodge Street #830, Omaha, NE

68179 and Henry E. Weller, 514 N.

Orner Street, P.O. Box 776, Carthage,

MO 64836.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

MP and MNA have filed an

environmental report which addresses

the effects of the abandonment and

discontinuance, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by January 31, 1996.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Surface Transportation Board,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. Comments on environmental

and historic preservation matters must

be filed within 15 days after the EA

becomes available to the public.

Environmental, historic preservation,

public use, or other trail use/rail

banking conditions will be imposed,