[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10639]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board <SUP>1
[STB Finance Docket No. 32893]


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.

    The Indiana & Ohio Rail Passenger Corporation (IORP), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire, and operate over, trackage rights from the 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.
---------------------------------------------------------------------------

    \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. 10901.
---------------------------------------------------------------------------

    The purpose of the transaction is to provide rail passenger service 
in the States of Indiana and Ohio.
    The parties intended to consummate the proposed transaction on or 
after April 12, 1996.
    This proceeding is related to 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., STB 
Finance Docket No. 32894, wherein IORP has concurrently filed a notice 
of exemption for trackage rights.<SUP>2
---------------------------------------------------------------------------

    \2\ IORP has concurrently filed a notice of exemption in STB 
Finance Docket No. 32894 under 49 CFR 1180.2(d)(7) to acquire 
trackage rights as a rail carrier. Because acquisition of trackage 
rights by a noncarrier, which would become a Class III carrier after 
completion of the transaction, appears to be covered by the 
exemption procedures under section 1150.31, the notice of exemption 
filed 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).
---------------------------------------------------------------------------

    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32893, must be filed with the Office of the 
Secretary, Surface Transportation Board, Case Control Branch, 1201 
Constitution Avenue, NW., Washington, DC 20423 In addition, a copy of 
each pleading must be served on Robert L. Calhoun, Sullivan & 
Worcester, LLP, 1025 Connecticut Avenue, NW., Suite 1000, Washington, 
DC 20036.

    Decided: April 23, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-10639 Filed 4-29-96; 8:45 am]
BILLING CODE 4915-00-P