32026 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Notices

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.

2A 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.

1The ICC Termination Act of 1995, Pub. L. 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.

32903 published at 61 FR 20551 on May

7, 1996.

DATES: This exemption will be effective

on July 21, 1996. Petitions to stay must

be filed July 1, 1996. Petitions to reopen

must be filed by July 11, 1996.

ADDRESSES: An original and 10 copies of

pleadings, referring to STB Finance

Docket No. 32904 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 all pleadings must be served on

William P. Quinn, Gollatz, Griffin &

Ewing, P.C., 213 West Miner Street, P.O.

Box 796, West Chester, PA 19381–0796.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–5660.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data Inc., 1201 Constitution Avenue,

N.W., Room 2229, Washington, DC

20423. Telephone: (202) 289–4357/

4359. [Assistance for the hearing

impaired is available through TDD

services at (202) 927–5721.]

Decided: June 6, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–15894 Filed 6–20–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board1

[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 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.

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

Surface Transportation Board1

[STB Finance Docket No. 32861]

R.J. Corman Railroad Company/

Pennsylvania Lines Inc.; Lease

Exemption; Clearfield & Mahoning

Railway Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10502, the

lease by R.J. Corman Railroad Company/

Pennsylvania Lines Inc. of 8.4 miles of

rail line of the Clearfield & Mahoning

Railway Company (C&M) between

milepost 17.4 at East Bickford and

milepost 25.8 at Clearfield, in Clearfield

County, PA, is exempted from the prior