[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Notices]
[Page 39050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19088]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33390]


Roaring Fork Railroad Holding Authority; Acquisition and 
Operation Exemption; Southern Pacific Transportation Company

    The Roaring Fork Railroad Holding Authority (RFRHA), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire and operate Southern Pacific Transportation Company's (SP) 
line, known as the Aspen Branch, between milepost 360.22 near Glenwood 
Springs and milepost 393.66 near Woody Creek, in Garfield, Eagle and 
Pitkin Counties, CO, a distance of approximately 33.44 
miles.1
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    \1\  On June 27, 1997, a petition to stay the notice of 
exemption filed by the Phillips Company (Phillips) was denied by the 
Board in Roaring Fork Railroad Holding Authority--Acquisition and 
Operation Exemption--Southern Pacific Transportation Company, STB 
Finance Docket No. 33390 (STB served June 27, 1997). Phillips' 
subsequent petition for an emergency stay filed with the United 
States Court of Appeals for the 10th Circuit was denied by the 
Court. The Phillips Company v. Surface Transportation Board, No. 97-
9536 (10th Cir., June 27, 1997). Phillips' petition for review of 
the notice of exemption remains pending before that court.
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    The transaction was to be consummated on or after June 30, 1997, 
the effective date of the exemption.
    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) 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. 33390, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Charles H. Montange, 426 NW 162d Street, Seattle, WA 98177.

    Decided: July 10, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19088 Filed 7-18-97; 8:45 am]
BILLING CODE 4915-00-P