[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Page 8325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4928]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32870]
David L. Durbano--Continuance in Control Exemption--Cimarron
Valley Railroad, L.C.
David L. Durbano (Applicant), a noncarrier, has filed a verified
notice under 49 CFR 1180.2(d)(2) to continue in control of Cimarron
Valley Railroad, L.C. (CVR), upon CVR's becoming a Class III rail
carrier. Consummation was expected to occur on or shortly after
February 23, 1996.
\1\ The 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
(ICC) 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. 11323.
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CVR, a noncarrier, has concurrently filed a verified notice of
exemption under 49 CFR 1150.31 in Cimarron Valley Railroad, L.C.--
Exemption to Acquire and Operate--Cimarron Valley and Manter Branches
of The Atchison, Topeka and Santa Fe Railway Company, STB Finance
Docket No. 32869, in which CVR seeks to acquire and operate 151.04
miles of the Cimarron Valley Branch rail line and 103.83 miles of the
Manter Branch rail line both of which are owned by The Atchison, Topeka
and Santa Fe Railroad Company. CVR's acquisition of the rail lines was
expected to have been consummated on or shortly after February 23,
1996.
Applicant controls four other Class III rail carriers: Wyoming and
Colorado Railroad Company, Inc. (WYCO); Oregon Eastern Railroad
Company, Inc. (OER); Arizona Central Railroad, Inc. (AZCR); and
Southwestern Railroad Company, Inc. (SWR).
The transaction is exempt from the prior approval requirements of
49 U.S.C. 11323 [formerly section 11343] because Applicant states that:
(1) CVR, WYCO, OER, AZCR, and SWR will not connect with each other; (2)
the continuance in control is not part of a series of anticipated
transactions that would connect the railroads with each other; and (3)
the transaction does not involve a Class I carrier.
As a condition to this exemption, any employees adversely affected
by the transaction 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. 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. 32870, must be
filed with the Office of the Secretary, Surface Transportation Board,
Case Control Branch, 1201 Constitution Avenue, N.W., Washington, DC
20423. In addition, a copy of each pleading must be served on Walter T.
Merrill, Durbano & Associates, 3340 Harrison Boulevard, Suite 200,
Ogden, UT 84403.
Decided: February 27, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-4928 Filed 3-1-96; 8:45 am]
BILLING CODE 4915-00-P
