[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
