[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Page 32026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15892]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board<SUP>1
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    \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.
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[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.

    The Indiana & Ohio Rail Passenger Corporation (IORP), a noncarrier, 
has filed a verified notice of exemption, as clarified and corrected by 
letter dated June 12, 1996, from Counsel for IORP, under 49 CFR 1150.31 
<SUP>2 to acquire, and operate over, local and overhead trackage rights 
from Cincinnati Terminal Railway Corp., the Indiana and Ohio Railroad 
Company, the Indiana & Ohio Railway Company, Inc., and the Indiana & 
Ohio Central Railroad Company, Inc. all Class III rail carriers. The 
trackage over which IORP's operations will be conducted are: (1) Over 
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) over 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) 
over 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 26.7 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) over 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 200.57 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, (f) 
MP 98.8 at Bellfontaine, OH, to MP 129.4 at Bell, OH; and (g) MP 124.5 
at Glen Echo, to Cold Springs. The total mileage for all segments is 
approximately 215.8.
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    \2\ A notice of exemption for a similar transaction was served 
and published previously in 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 Finance Docket No. 32893 (STB 
served Apr. 30, 1996) (61 FR 19112). Contrary to an erroneous, but 
harmless, assertion in that proceeding, IORP was, until June 4, 
1996, a wholly owned noncarrier subsidiary of the Indiana & Ohio 
Rail Corp. (IORC), the noncarrier parent holding company for the 
four Class III carriers from which IORP is obtaining trackage rights 
in the present proceeding. IORP, in fact, was a wholly owned, 
noncarrier subsidiary of the IORC. Because IORP did not act on the 
exemption authorized in STB Finance Docket No. 32893 (nor on the 
exemption authorized in 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 (STB served Apr. 30, 1996) (61 FR 
19112), it did not become a carrier until June 4, 1996. On that 
date, the stock of IORC was sold to RailTex, Inc., pursuant to a 
notice of exemption filed on May 28, 1996, and effective on June 4, 
1996, in RailTex, Inc.; Control Exemption; Indiana & Ohio Rail 
Corp., STB Finance Docket No. 32975 (STB served June 21, 1996). With 
the sale of IORC's stock, the control of all four carrier 
subsidiaries of IORC passed to RailTex, but the ownership and 
control of IORP, under the sale agreement, was retained by Thomas B. 
McOwen, one of the prior owners of IORC. IORP is thus not presently 
affiliated with any other rail carrier, and it was never a carrier 
while it was affiliated with the other rail carriers. Thus, at no 
time did IORC, Mr. McOwen, or RailTex, require Board approval or 
exemption to control IORP while in control of rail carriers.
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    The exemption became effective, and, according to Counsel for IORP, 
the transaction was consummated, on June 4, 1996.
    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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32976, 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 L. Calhoun, Sullivan & Worcester, LLP, 1025 
Connecticut Avenue, NW., Suite 1000, Washington, DC 20036.

    Decided: June 14, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-15892 Filed 6-20-96; 8:45 am]
BILLING CODE 4915-00-P