[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Pages 19112-19113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10640]
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DEPARTMENT OF TRANSPORTATION
\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. 11323.
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[STB Finance Docket No. 32894]
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.
The Indiana & Ohio Rail Passenger Corporation (IORP) has filed a
verified
[[Page 19113]]
notice under 49 CFR 1180.2(d)(7) and has entered into agreements for
local and overhead trackage rights with 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.
The purpose of the transaction is to provide rail passenger service
via trackage rights in the States of Indiana and Ohio.
The transaction was expected to be consummated on or about April
12, 1996.
This proceeding is related to The Indiana & Ohio Rail Passenger
Corporation--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, wherein IORP has concurrently filed a notice of
exemption to operate via the acquired trackage rights.2
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\2\ Because the related filing in STB Finance Docket No. 32893
for an exemption from 10901 under 49 CFR 1150.31, includes
acquisition of trackage rights by noncarriers, a separate notice of
exemption for trackage rights 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).
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Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. Section 11326(c), however, does
not provide for labor protection for transactions under sections 11324
and 11325 that involve only Class III rail carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
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 will not automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 32894, 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 each
pleading must be served on: Robert L. Calhoun, Sullivan & Worcester,
LLP, Suite 1000, 1025 Connecticut Avenue, N.W., Washington, DC 20036.
Decided: April 23, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-10640 Filed 4-29-96; 8:45 am]
BILLING CODE 4915-00-P
