[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Pages 19112-19113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10640]



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DEPARTMENT OF TRANSPORTATION
    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323.
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[STB Finance Docket No. 32894]


The Indiana & Ohio Rail Passenger Corporation--Trackage Rights 
Exemption--Cincinnati Terminal Railway Corp., Indiana and Ohio Railroad 
Company, Indiana & Ohio Railway Company, Inc., and Indiana & Ohio 
Central Railroad Company, Inc.

    The Indiana & Ohio Rail Passenger Corporation (IORP) has filed a 
verified

[[Page 19113]]

notice under 49 CFR 1180.2(d)(7) and has entered into agreements for 
local and overhead trackage rights with Cincinnati Terminal Railway 
Corp., the Indiana and Ohio Railroad Company, the Indiana & Ohio 
Railway Company, Inc., and the Indiana & Ohio Central Railroad Company, 
Inc. The trackage over which IORP's operations will be conducted are: 
(1) with Cincinnati Terminal Railway Corp., from MP 0.4 in Cincinnati, 
OH, to MP 16.4 at Evendale, OH, for a total of 16 miles; (2) with 
Indiana and Ohio Railroad Company, from MP 17.75 at Valley Junction, 
OH, to MP 43.90 at Brookville, IN, for a total of approximately 26.2 
miles; (3) with Indiana & Ohio Railway Company, Inc., from (a) MP 5.9 
near Monroe, OH, to MP 12.0 near Hageman, OH, (b) MP 31.1 near Hageman, 
OH, to MP 36.9 at South Mason, OH, (c) MP 27.7 at Lebanon, OH, to MP 
31.1 near Hageman, OH, and (d) MP 39.76 at Brecon, OH, to MP 50.5 at 
Norwood, OH, for a total of approximately 26 miles; and (4) with 
Indiana & Ohio Central Railroad Company, Inc., from (a) MP 44.96 at 
Midland City, OH, to MP 74.45 near Thrifton, OH, (b) MP 9.1 near 
Columbus, OH, to MP 52.56 near Logan, OH, (c) MP 202.7 at Springfield, 
OH, to MP 228.83 at Fayne, OH, (d) MP 129.4 near Bell, OH, to MP 130.1 
near Springfield, OH, (e) MP 0.0 near Bell, OH, to MP 17.2, near 
Mechanicsburg, OH, and (f) MP 98.8 at Bellfontaine, OH, to MP 129.4 at 
Bell, OH, for a total of approximately 147.6 miles.
    The purpose of the transaction is to provide rail passenger service 
via trackage rights in the States of Indiana and Ohio.
    The transaction was expected to be consummated on or about April 
12, 1996.
    This proceeding is related to The Indiana & Ohio Rail Passenger 
Corporation--Operation Exemption--Cincinnati Terminal Railway Corp., 
Indiana and Ohio Railroad Company, Indiana & Ohio Railway Company, 
Inc., and Indiana & Ohio Central Railroad Company, Inc., STB Finance 
Docket No. 32893, wherein IORP has concurrently filed a notice of 
exemption to operate via the acquired trackage rights.<SUP>2
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    \2\  Because the related filing in STB Finance Docket No. 32893 
for an exemption from 10901 under 49 CFR 1150.31, includes 
acquisition of trackage rights by noncarriers, a separate notice of 
exemption for trackage rights in STB Finance Docket No. 32894 might 
be unnecessary unless one or more of the trackage rights 
transactions will occur after another of the transactions, in which 
case IORP will have already become a carrier and thus require 
exemption under section 1180.2(d)(7).
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    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.
    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. 32894, 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: Robert L. Calhoun, Sullivan & Worcester, 
LLP, Suite 1000, 1025 Connecticut Avenue, N.W., Washington, DC 20036.

    Decided: April 23, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-10640 Filed 4-29-96; 8:45 am]
BILLING CODE 4915-00-P