[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Notices]
[Pages 27128-27129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13569]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 32958]
Warren & Trumbull Railroad Co.--Trackage Rights Exemption--
Economic Development Rail II Corporation
Economic \1\Development Rail II Corporation (EDR-II) will agree to
grant
[[Page 27129]]
trackage rights to The Warren & Trumbull Railroad Company (WTRC) over
approximately 4 miles of railroad located in Ohio between Conrail
mileposts 164.52 and 160.6 in Warren Township, and a 1-mile connecting
track in Holland Township. The trackage rights are to become effective
on such date as the parties may agree in writing as provided in their
trackage rights agreement, but not sooner than May 17, 1996 (the
effective date of the exemption).\2\
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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. 11323-24.
\2\ Under 49 U.S.C. 10502, the Board exempted EDR-II's
acquisition of the above-described line from the prior approval
requirements of 49 U.S.C. 10902, in a decision served April 15,
1996, in STB Finance Docket No. 32798, Economic Development Rail II
Corporation--Acquisition Exemption--Lines of Consolidated Rail
Corporation. EDR-II is expected to close on the purchase from
Conrail not later than May 17, 1996.
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This transaction will permit WTRC to move freight between points on
its existing line and an interchange with Conrail near North Warren,
OH, and to serve local points on the line, including the facilities of
the Packard Electric Division of General Motors Corporation.
This notice is filed under 49 CFR 1180.2(d)(7). 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 stay
the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 32958, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, NW., Washington, DC 20423 and served on: Kelvin J. Dowd, Slover
& Loftus, 1224 Seventeenth Street, NW, Washington, DC 20036.
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.
Decided: May 21, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13569 Filed 5-29-96; 8:45 am]
BILLING CODE 4915-00-P
