[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41828-41829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20474]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-8 (Sub-No. 36X)] \2\
The Denver and Rio Grande Western Railroad Company--
Discontinuance Exemption--Sage-Malta-Leadville Line in Eagle and Lake
Counties, CO
[Docket No. AB-12 (Sub-No. 189X)]
Southern Pacific Transportation Company--Abandonment Exemption--
Sage-Malta-Leadville Line in Eagle and Lake Counties, CO
AGENCY: Surface Transportation Board.
\1\ The ICC Termination Act of 1995, Pub. L. 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 section
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\ This exemption is related to Finance Docket No. 32760, Union
Pacific Corporation, Union Pacific Railroad Company, and Missouri
Pacific Railroad Company--Control and Merger--Southern Pacific Rail
Corporation, Southern Pacific Transportation Company, St. Louis
Southwestern Railway Company, SPCSL Corp., and The Denver and Rio
Grande Western Railroad Company.
ACTION: Notice of exemption.
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SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior
approval requirements of 49 U.S.C. 10903-04 the discontinuance of
operations by the Denver and Rio Grande Western Railroad Company and by
the Southern Pacific Transportation Company over a 69.1-mile line of
railroad between milepost 335.0 near Sage and milepost 270.0 near
Malta, and between milepost 271.0 near Malta and milepost 276.1 near
Leadville, in Eagle and Lake Counties, CO, subject to standard labor
protective conditions and continued access for Viacom International,
Inc. to the Eagle Mine site to facilitate ongoing remediation
activities, as set forth in Decision No. 44, served on August 12, 1996,
in Finance Docket No. 32760. In Decision No. 44, the Board is granting
the petition in Docket No. AB-12 (Sub-No. 187X), in part
(discontinuance authority is being granted) and denying it in part
(abandonment authority is being denied). No trail use or public use
conditions can be imposed because only authority for discontinuances is
being granted.
DATES: Provided no formal expression of intent to file an offer of
financial
[[Page 41829]]
assistance has been received, this exemption will be effective on
September 11, 1996. Formal expressions of intent to file an offer of
financial assistance under 49 CFR 1152.27(c)(2) \3\ must be filed by
August 22, 1996; petitions to stay must be filed by August 22, 1996;
and petitions to reopen must be filed by September 3, 1996.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C. 2d 164 (1987).
ADDRESSES: Send pleadings referring to Docket Nos. AB-8 (Sub-No. 36X)
and AB-12 (Sub-No. 189X) to: (1) Surface Transportation Board, Office
of the Secretary, Case Control Branch, 1201 Constitution Avenue, N.W.,
Washington, DC 20423; and (2) Gary A. Laakso, General Attorney,
Southern Pacific Building, One Market Plaza, Room 846, San Francisco,
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CA 94105.
FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 927-5352. [TDD
for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's Decision No. 44 in Finance Docket No. 32760. To purchase a copy
of the full decision, write to, call, or pick up in person from: DC
News & Data, Inc., 1201 Constitution Avenue, N.W., Room 2229,
Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance for
the hearing impaired is available through TDD services: (202) 927-
5721.]
Decided: August 6, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20474 Filed 8-9-96; 8:45 am]
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