Order No. 1989-R-9

January 23, 1989

File No. 39310.290

WHEREAS the application was received by the Canadian Transport Commission (hereinafter the Commission) on November 13, 1987;

WHEREAS the Commission had not rendered a decision on the application on the date on which the National Transportation Act, 1987, S.C. 1987, c. 34 (hereinafter the Act) came into force;

WHEREAS the application must now be considered by the National Transportation Agency (hereinafter the Agency) by virtue of the provisions of subsection 160(7) of the Act;

WHEREAS on November 25, 1988 the Agency issued a Notice that it was considering the application, published the determination of actual loss and invited submissions on the matter;

WHEREAS opposition to the proposed abandonment was received by the Commission in response to the initial Notice of Application and is deemed to be a statement opposing the abandonment under section 161 of the Act;

WHEREAS no submissions were received in reply to the Notice of November 25, 1988;

WHEREAS no offer to purchase the branch line has been made pursuant to section 174 of the Act within the period prescribed in section 161 of the Act; and

WHEREAS the Agency has considered the application and in accordance with the Decision of the National Transportation Agency which is appended hereto.

UPON consideration of all material on file related to the subject application,

THE AGENCY HEREBY:

1. Determines that a Public Hearing is not necessary and that the Decision can be made on the information received and on file.
2. Determines that the branch line is uneconomic and that there is no reasonable probability of its becoming economic in the foreseeable future.

THE AGENCY HEREBY ORDERS THAT:

1. In compliance with subsection 165(1) of the Act, the Applicant shall abandon the operation of the Stephenville Subdivision from White's Road (M. 0.00) to Stephenville (M. 7.00), a total distance of 7.00 miles in the Province of Newfoundland, thirty (30) days from the date of this Order.
2. The Applicant shall advise the Agency in writing of the dates upon which:
   

   i)the operation of the Stephenville Subdivision has been abandoned, and

   ii)the trackage and other facilities were removed.