[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33580-33581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16407]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board\1\
[STB Finance Docket No. 32753]

R.J. Corman Railroad Company/Western Ohio Line--Modified Rail 
Certificate--Between Lima and Glenmore, OH
    On May 13, 1996, R.J. Corman Railroad Company/Western Ohio Line 
(RJCW) filed a notice for a modified certificate of public convenience 
and necessity under 49 CFR 1150.23 to operate as a sub-operator a line 
of railroad, the SPEG Line, between milepost 54.4 at Lima, OH, and 
milepost 84.2 at Glenmore, OH.
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the ICCTA), 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 and 
10903.
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    The line was formerly part of the main line of the bankrupt Erie 
Lackawanna Railway Company (EL) between New York and Chicago. The line 
was not designated for transfer to Consolidated Rail Corporation 
(Conrail), but was available for subsidy under section 304 of the 
Regional Rail Reorganization Act of 1973 (3R Act). USRA-Final System 
Plan-July 1975--Vol. II, page 122. Under section 304, EL gave notice of 
intent to abandon the line effective March 31, 1976. In 1977, the line 
was acquired by the Ohio Rail Transportation Authority, and the 
Spencerville & Elgin Railroad Company (SPEG) was designated as 
operator. Certificate of Designated Operator--Spencerville & Elgin 
Railroad Company, D-OP 23 (ICC served Feb. 13, 1979).

[[Page 33581]]

    The State of Ohio purchased the line from EL's bankruptcy estate in 
1981, and the Van Wert County and Allen County Port Authorities 
(Authorities) acquired the line from the State in September 1982. In 
1990, SPEG gave notice of intent to terminate service and no longer 
provides service on the line.<SUP>2
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    \2\ While no longer conducting operations as a rail carrier, 
SPEG remains in existence as a wholly owned subsidiary of an on-line 
shipper, Countrymark Cooperative, Inc. Under an existing contract 
between SPEG and the Authorities, SPEG is responsible for 
administering the line and arranging for an operator to provide rail 
service thereon.
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    Indiana Hi-Rail Corporation (IHRC) took over operations on the line 
in 1991, and acquired a modified rail certificate to operate the line. 
Indiana Hi-Rail Corporation--Modified Rail Certificate, Finance Docket 
No. 31871 (ICC served June 20, 1991). IHRC ceased service on the line 
in November 1993.
    Pursuant to a sub-operating agreement dated March 26, 1996, and an 
addendum dated April 3, 1996, between RJCW (sub-operator) and SPEG 
(operator), RJCW will assume operations over the line for a two-year 
period from May 20, 1996, to May 20, 1998, subject to renewal upon 
agreement by the parties.
    This rail line qualifies for a modified certificate of public 
convenience and necessity. A rail line which was approved for 
abandonment under the Final System Plan, but over which operations were 
continued by a D-OP, has been ``fully abandoned, or approved for 
abandonment'' within the meaning of 49 CFR 1150.21. See Common Carrier 
Status of States, State Agencies and Instrumentalities, and Political 
Subdivisions, Finance Docket No. 28990F (ICC served July 16, 1981), pp. 
9-10.
    No subsidy is involved and there are no preconditions for shippers 
to meet in order to receive rail service. Operations over the line will 
be conducted for a two-year period, subject to renewal upon agreement 
by the parties, unless terminated upon appropriate notice in accordance 
with 49 CFR 1150.24.
    This line connects with Conrail at Lima and with IHRC at Ohio City, 
OH. RJCW will interchange traffic with CSX Transportation, Inc., 
Norfolk and Western Railway Company, and its existing line at Lima, 
which will promote new business on the line.
    This notice must be served on the Association of American Railroads 
(Car Service Division) as agent of all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F St., NW., Washington, DC 20001; and on the American Short Line 
Railroad Association: American Short Line Railroad Association, 1120 G 
St., NW., Suite 520, Washington, DC 20005.

    Decided: June 19, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-16407 Filed 6-26-96; 8:45 am]
BILLING CODE 4915-00-P