25012 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

4See Golden Gate Bridge, Highway &

Transportation District—Acquisition Exemption—

Northwestern Pacific Railroad Company and

Southern Pacific Transportation Company, Finance

Docket No. 31689 (ICC served July 5, 1990).

1The 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.

1The 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.

2This notice corrects the notice previously served

and published in the Federal Register on May 7,

1996. The prior notice erroneously stated that

Owensville Terminal Company, Inc., is a subsidiary

of RailAmerica, Inc.

3P&O owns the line and operates it as a branch

line, using equipment and labor supplied under

contract by Garden Spot & Ohio Railroad (GS&O).

The line connects with GS&O at Poseyville.

4P&O was placed into receivership by the Gibson

County Superior Court, Gibson County, IN, in Cause

No. 26001–9303–CP–0010. On March 19, 1993, the

court appointed Robert W. Musgrave (Musgrave)

receiver for P&O. Pursuant to a March 26, 1996

court order, Musgrave agreed to sell the line (real

estate, leases and licenses, track, ties, and other

track materials) to RailAmerica, Inc. (Rail America),

a Delaware corporation. RailAmerica, in turn, will

assign its rights and interests in the line to OTC,

and Huron and Eastern Railway Company, Inc.

(Huron), will supply the labor and equipment, as

needed, for OTC to operate the line. OTC and

Huron are Michigan corporations, and Huron is a

RailAmerica subsidiary.

service by CNRR and the approval by

the Board of both the transfer of the

easement and the assumption of carrier

responsibility by NCRA.

In addition, CNRR currently operates

over the segment between NWP MP

26.96 and NWP MP 25.57 pursuant to a

freight easement which was retained by

SP in a transaction involving GGBHT.4

At the closing of the transaction in

Finance Docket No. 32910, SP’s freight

easement will be quitclaimed to

GGBHTD, which will then grant to

NWPRA the rights to operate over the

easement area. According to NWPRA,

NCRA will obtain an easement from

NWPRA to provide freight service over

the segment between NWP MP 26.96

and NWP MP 25.57, at the same time

that it acquires the easement mentioned

earlier, by which it would take over

operations after CNRR ceases its

operations.

NWPRA states that the future transfer

of these easements will imbue NCRA

with all carrier rights and

responsibilities and that NWPRA will

remain a noncarrier holder of the

underlying real estate. NWPRA thus

states that it intends in the near future

to file either a Motion to Dismiss this

Notice or a Petition for a Declaratory

Order requesting that it be designated as

a noncarrier.

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. 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. 32910, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

David J. Miller, Esq., Hanson, Bridgett,

Marcus, Vlahos & Rudy, 333 Market

Street, Suite 2300, San Francisco, CA

94105.

Decided: May 9, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–12455 Filed 5–16–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[STB Finance Docket No. 32907]

Ormet Railroad Corporation;

Acquisition and Operation Exemption;

Consolidated Rail Corporation

Ormet Railroad Corporation of

Wheeling, WV (ORC), a noncarrier, has

filed a verified notice of exemption

under 49 CFR 1150.31 to acquire from

Consolidated Rail Corporation’s Omal

Secondary Track from milepost 60.5 at

Powhatten Point, to the end of the line,

milepost 72.7 at Omal, a distance of 12.2

miles in Monroe County, OH.

ORC will assume the common carrier

obligation associated with the line,

holding itself out to render common

carrier service by railroad. Consolidated

Rail Corporation will perform the

operations on the line, solely pursuant

to a private contractual arrangement, on

behalf of and for the account of ORC.

Consummation was to be on or after

April 30, 1996. 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. 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. 32907, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Fritz R. Kahn, Esq., Suite 750 West,

1100 New York Avenue NW.,

Washington, DC 20005–3934.

Decided: May 10, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–12456 Filed 5–16–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[STB Finance Docket No. 32899] 2

Owensville Terminal Company, Inc.;

Acquisition and Operation

Exemption—Poseyville & Owensville

Railroad Company, Inc.

Owensville Terminal Company, Inc.

(OTC), a noncarrier, filed a notice of

exemption to acquire from Poseyville &

Owensville Railroad Company, Inc.

(P&O), and operate approximately 11.2

miles of rail branch line in Gibson and

Posey Counties, IN, between milepost

271.0 in Poseyville and milepost 282.2

in Owensville.3 The transaction was to

be consummated on or after April 19,

1996.4

This notice is filed under 49 CFR

1150.31. If the 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) [formerly

section 10505(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. 32899, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Robert P. vom Eigen, Esq., Hopkins &

Sutter, 888 16th Street NW.,

Washington, DC 20006.

Decided: April 29, 1996.