30036 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices

1The agreement that is the subject of this notice

is a confirmation of and an amendment to an earlier

trackage rights agreement between IORP and IORY

and certain other Class III railroads affiliated with

the IORY. See STB Finance Docket No. 32976, The

Indiana & Ohio Rail Passenger Corporation—

Acquisition by Trackage Rights and Operation

Exemption—Cincinnati Terminal Railway Corp.,

Indiana and Ohio Railroad Company, Indiana &

Ohio Railway Company, Inc., and Indiana & Ohio

Central Railroad Company, Inc., (STB served June

21, 1996).

2See STB Finance Docket No. 33180, Indiana &

Ohio Railway Company—Acquisition Exemption—

Lines of The Grand Trunk Railroad Inc., (STB

served Feb. 10, 1997).

1The line was not further described in the notice

filed by the City, but a map included with the filing

indicates that it begins at a switch near the

intersection of Caron Road and Creston Road and

ends in a stub east of Gredco Drive.

2Under 49 CFR 1150.32(b), a notice of exemption

becomes effective 7 days after filing.

3By petition filed on May 1, 1998, the Rochelle

Railroad Company requests that the Board reject

and or revoke this exemption. That petition will be

addressed in a decision to be issued by the Board.

1WCL has stated that it is alternatively willing to

accept the conditions set out in Norfolk and

3. This decision will be effective on

June 22, 1998, unless timely opposing

comments are filed.

Decided: May 27, 1998.

By the Board, Vernon A. Williams,

Secretary.

Vernon A. Williams,

Secretary.

[FR Doc. 98–14470 Filed 6–1–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33591]

The Indiana & Ohio Rail Passenger

Corporation—Trackage Rights

Exemption—Indiana & Ohio Railway

Company, Inc.

Indiana & Ohio Railway Company,

Inc. (IORY) has agreed to grant local

trackage rights to The Indiana & Ohio

Rail Passenger Corporation (IORP), for

the operation of rail passenger service

over the following points: (1) from

milepost 39.8, near Diann, MI, to

milepost 107.3, near Leipsic, OH; (2)

from milepost 110.8 to milepost 114.9 in

Ottaway, OH; and (3) from milepost

128.3, near Lima, OH, to milepost 202.7,

near Springfield, OH, a distance of

approximately 146.02 miles.1

The parties expected to consummate

the transaction on or about May 26,

1998. The earliest the transaction could

be consummated was May 22, 1998, the

effective date of the exemption (7 days

after the notice of exemption was filed).

The purpose of the trackage rights is

to extend IORP’s passenger operations

over newly-acquired IORY lines.2

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33591, 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 Robert L.

Calhoun, Esq., Redmon, Boykin &

Braswell, L.L.P., 510 King Street, Suite

301, Alexandria, VA 22314.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 26, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–14467 Filed 6–1–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33587]

City of Rochelle, Illinois; Notice of

Exemption; Commencement of Rail

Common Carrier Operations

The City of Rochelle, IL (the City), a

noncarrier, has filed a verified notice of

exemption under 49 CFR 1150.31 to

commence operations over 2.06 miles of

track located within the limits of

Rochelle, IL.1 The City states that its

projected revenues will not exceed

those of a Class III railroad.

The effective date of the exemption

was May 5, 1998 (7 days after the

exemption was filed).2

If the verified 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.3 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. 33587, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on counsel for

the City: John W. Robinson, 9616 Old

Spring Road, Kensington, MD 20895.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 27, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–14571 Filed 6–1–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33600]

Wisconsin Central Ltd.—Trackage

Rights Exemption—Wisconsin &

Southern Railroad Company

Wisconsin & Southern Railroad

Company (WSOR), a Class III rail

carrier, has agreed to grant nonexclusive overhead trackage rights to

Wisconsin Central Ltd (WCL), a Class II

rail carrier, over WSOR’s line of railroad

between milepost 112.6, at Rugby

Junction, WI, and milepost 93.4, at

North Milwaukee, WI, including

trackage connecting with Fox Valley &

Western Ltd.’’s (FVW) main line at DBR

Junction (milepost 103.1), a distance of

approximately 19.2 miles.

The purpose of the trackage rights is

to interchange cars between WCL and

the Canadian Pacific and Union Pacific

and between WCL and FVW, as well as

connecting various WCL and FVW lines

and trackage rights.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected as required by

49 U.S.C. 11326(b), subject to the

procedural interpretations of the

analogous statutory provisions at 49

U.S.C. 10902 contained in the Board’s

decision in Wisconsin Central Ltd.—

Acquisition Exemption—Lines of Union

Pacific Railroad Company, STB Finance

Docket No. 33116 (STB served Apr. 17,

1997) (WCL Exemption).1