[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Page 55207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18571]



[[Page 55207]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34750]


Browns, Grayville & Poseyville Railway Company--Acquisition and 
Operation Exemption--Owensville Terminal Company, Inc.

    Browns, Grayville & Poseyville Railway Company (BG&P), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire and operate approximately 22.5 miles of rail line 
owned by Owensville Terminal Company, Inc. (OTC) in Edwards and White 
Counties, IL, and Gibson and Posey Counties, IN. The line runs between 
milepost 205.0 at or near Browns, IL, and milepost 227.5 at or near 
Poseyville, IN.
    On February 25, 1998, a decision and notice of interim trail use or 
abandonment (NITU) was served in Owensville Terminal Company, Inc.--
Abandonment Exemption--In Edwards and White Counties, IL and Gibson and 
Posey Counties, IN, STB Docket No. AB-477 (Sub No. 3X), establishing a 
180-day period under the National Trails System Act, 16 U.S.C. 1247(d), 
for OTC to negotiate an interim trail use/rail banking agreement for 
the line. Trail negotiations were successful and an agreement was 
reached between OTC and Indiana Trails Fund, Inc. within the prescribed 
period. OTC has subsequently entered into an agreement with BG&P 
whereby, for value, OTC has conveyed its right to reinstitute rail 
service on the line to BG&P. BG&P now wishes to reactivate service over 
the line.\1\
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    \1\ BG&P simultaneously filed a petition to vacate the NITU 
issued in Owensville Terminal Company, Inc.--Abandonment Exemption--
in Edwards and White Counties, IL and Gibson and Poseyville 
Counties, IN, STB Docket No. AB-477 (Sub. No. 3X) (STB served Feb. 
25, 1998). The petition will be addressed by the Board in a separate 
decision.
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    BG&P certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, and that its annual revenues will not exceed $5 million.
    The transaction was expected to be consummated on or after 
September 1, 2005, the effective date of the exemption (7 days after 
the exemption was filed).
    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 will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34750, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Thomas F. McFarland, 208 South 
La Salle Street, Suite 1890, Chicago, IL 60604.
    Board decisions and notices are available on our Web site at http://www.Stb.Dot.Gov.

    Decided: September 9, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18571 Filed 9-19-05; 8:45 am]
BILLING CODE 4915-01-P