[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Page 41828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20468]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-8 (Sub-No. 39)]


The Denver and Rio Grande Western Railroad Company-- 
Discontinuance--Malta-Canon City Line in Lake, Chaffee, and Fremont 
Counties, CO

[Docket No. AB-12 (Sub-No. 188)] \2\

Southern Pacific Transportation Company--Abandonment-- Malta-Canon 
City Line in Lake, Chaffee, and Fremont 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 49 
U.S.C. 10903. 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.
    \2\ These proceedings are embraced in 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.
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ACTION: Notice of findings.

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SUMMARY: The Board has found that the public convenience and necessity 
permit the Southern Pacific Transportation Company and The Denver and 
Rio Grande Western Railroad Company to discontinue operations on a line 
of railroad extending from milepost 271.0 near Malta to milepost 162.0 
near Canon City, a distance of 109 miles in Lake, Chaffee, and Fremont 
Counties, CO, subject to standard employee protective conditions and 
environmental conditions set forth in Decision No. 44, served on August 
12, 1996, in Finance Docket No. 32760. Accordingly, the application of 
the Southern Pacific Transportation Company to abandon and discontinue 
service over this line is granted in part (discontinuance authority is 
granted) and denied in part (abandonment authority is denied).

DATES: The Board's decision will be effective on September 11, 1996. 
Any financial assistance offer must be filed with the Board and the 
railroad(s) no later than August 22, 1996. Any offer previously made 
must be remade by the due date. A certificate will be issued unless the 
Board also finds that: (1) A financially responsible person has offered 
financial assistance (through subsidy or purchase) to enable the rail 
service to continue; and (2) it is likely that the assistance would 
fully compensate the railroad.

ADDRESSES: Send offers referring to Docket Nos. AB-8 (Sub-No. 39) and 
AB-12 (Sub-No. 188) 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, Southern Pacific 
Building, One Market Plaza, Room 846, San Francisco, CA 94105. The 
following notation must be typed in bold face on the lower left-hand 
corner of the envelope containing the offer: ``Office of Proceedings, 
AB-OFA.''

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.]
    Information and procedures regarding financial assistance for 
continued rail service are contained in 49 U.S.C. 10905 and 49 CFR 
1152.27.

    Decided: August 6, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20468 Filed 8-9-96; 8:45 am]
BILLING CODE 4915-00-P