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[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Page 6039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3108]

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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33180]

Indiana & Ohio Railway Company; Aquisition Exemption; Lines of 
the Grand Trunk Western Railroad Inc.

    The Indiana & Ohio Railway Company (IORY), a Class III rail 
carrier, filed a notice of exemption under 49 CFR 1150.41 to acquire 
from the Grand Trunk Western Railroad Inc. (GTW) rail lines totaling 
approximately 146.1 miles between Diann, MI, and Springfield, OH. The 
lines are located between: (1) milepost 39.7 at Diann, MI, and milepost 
107.29 at XN Station near Leipsic, OH; (2) milepost 128.3 at DT&I 
Junction near Lima, OH, and milepost 202.7 at Springfield, OH; and (3) 
the Ottawa Loop between mileposts 110.8 and 114.88, south of XN 
Station.
    As part of the acquisition, IORY will be assigned GTW's overhead 
trackage rights totaling 107.6 miles over: (1) 20.7 miles of CSX 
Transportation, Inc. (CSXT) line between CSXT Milepost 155.2 at XN 
Station and CSXT Milepost 134.5 at DT&I Junction; (2) 3.5 miles of 
Indiana & Ohio Central Railroad, Inc. (IOCR) line between IOCR Milepost 
129.1 at Maitland Junction and IOCR Milepost 132.6 at Cold Springs, OH; 
and (3) 83.4 miles of Consolidated Rail Corporation (CR) line between 
CR Milepost 36.3 at Springfield and CR Milepost 119.7 at Cincinnati, 
OH. IORY will also acquire incidental overhead trackage rights over 
22.5 miles of GTW's rail line between GTW milepost 39.7 at Diann and 
GTW milepost 17.2 at Flat Rock, MI.
    The transaction was scheduled to become effective on December 27, 
1996. Petitions to stay the effective date of the exemption pending the 
consideration of concurrently filed petitions to reject or revoke the 
notice were filed. A decision served December 20, 1996, stayed the 
effective date of the exemption until January 26, 1997, and directed 
parties to file additional information about the transaction. A 
decision served January 24, 1997, extended the stay to February 4, 
1997. By decision served February 3, 1997, the Board denied the 
petitions to reject or revoke and dismissed the petitions to stay as 
moot.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke prior to consummation of a transaction does not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33180, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Karl Morell, Suite 225, 1455 F Street, N.W., 
Washington, DC 20005 and other parties of record. To obtain a list of 
parties of record in this proceeding, call (202) 927-5628.

    Decided: February 3, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-3108 Filed 2-7-97; 8:45 am]
BILLING CODE 4915-00-P
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