|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|SAN PEDRO RAILROAD OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION-IN COCHISE COUNTY, AZ|
|Director Of Proceedings|
|(1) ACCEPTED SAN PEDRO RAILROAD OPERATING COMPANY, LLC'S LATE-FILED LETTER; (2) AUTHORIZED SONORA-ARIZONA INTERNATIONAL LLC UNDER 49 U.S.C. 10904 TO ACQUIRE THE LINE; AND (3) DISMISSED UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27(H)(7), THE PETITION FOR EXEMPTION, EFFECTIVE ON THE DATE THE SALE IS CONSUMMATED.|
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|Full Text of Decision|
36983 SERVICE DATE – LATE RELEASE MAY 3, 2006
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-1081X
SAN PEDRO RAILROAD OPERATING COMPANY, LLC—ABANDONMENT
IN THE MATTER OF AN OFFER OF FINANCIAL ASSISTANCE
Decided: May 3, 2006
By decision served February 3, 2006, the Board, under 49 U.S.C. 10502, exempted from the prior approval requirements of 49 U.S.C. 10903 the abandonment by San Pedro Railroad Operating Company, LLC (SPROC) of approximately 76.2 miles of railroad line in Cochise County, AZ, as follows: (1) the Bisbee Branch, between milepost 1085.0 at Bisbee Junction and milepost 1090.6 at Bisbee, a distance of 5.6 miles; and (2) the Douglas Branch (a) between milepost 1097.3 near Paul Spur and milepost 1106.5 near Douglas, a distance of 9.2 miles, (b) between milepost 1055.8 near Charleston and milepost 1097.3 near Paul Spur, a distance of 41.5 miles, and (c) between milepost 1040.15 near Curtiss and milepost 1055.8 near Charleston, a distance of 19.9 miles. The exemption was scheduled to become effective on March 5, 2006, unless an offer of financial assistance (OFA) was filed on or before February 13, 2006.
February 13, 2006, Sonora-Arizona International LLC (
letter filed on April 21, 2006, SPROC agreed to provide such
indemnification and stated that it will include appropriate documentation with
the draft purchase and sale agreement that SPROC will provide
April 24, 2006,
When a person offering to purchase a line accepts the terms and conditions set by the Board, the Board’s decision is binding. See 49 U.S.C. 10904 and 49 CFR 1152.27(h)(7). Accordingly, the sale will be approved and the petition for exemption will be dismissed.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. SPROC’s late-filed letter is accepted.
2. Under 49 U.S.C. 10904,
3. Under 49 U.S.C. 10904 and 49 CFR 1152.27(h)(7), the petition for exemption is dismissed, effective on the date the sale is consummated.
4. This decision is effective on its service date.
By the Board, David M. Konschnik, Director, Office of Proceedings.