[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 30036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14467]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33591]
The Indiana & Ohio Rail Passenger Corporation--Trackage Rights
Exemption--Indiana & Ohio Railway Company, Inc.
Indiana & Ohio Railway Company, Inc. (IORY) has agreed to grant
local trackage rights to The Indiana & Ohio Rail Passenger Corporation
(IORP), for the operation of rail passenger service over the following
points: (1) from milepost 39.8, near Diann, MI, to milepost 107.3, near
Leipsic, OH; (2) from milepost 110.8 to milepost 114.9 in Ottaway, OH;
and (3) from milepost 128.3, near Lima, OH, to milepost 202.7, near
Springfield, OH, a distance of approximately 146.02 miles.1
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\1\ The agreement that is the subject of this notice is a
confirmation of and an amendment to an earlier trackage rights
agreement between IORP and IORY and certain other Class III
railroads affiliated with the IORY. See 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.,
(STB served June 21, 1996).
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The parties expected to consummate the transaction on or about May
26, 1998. The earliest the transaction could be consummated was May 22,
1998, the effective date of the exemption (7 days after the notice of
exemption was filed).
The purpose of the trackage rights is to extend IORP's passenger
operations over newly-acquired IORY lines.2
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\2\ See STB Finance Docket No. 33180, Indiana & Ohio Railway
Company--Acquisition Exemption--Lines of The Grand Trunk Railroad
Inc., (STB served Feb. 10, 1997).
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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.
This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33591, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Robert L. Calhoun, Esq., Redmon, Boykin & Braswell, L.L.P.,
510 King Street, Suite 301, Alexandria, VA 22314.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: May 26, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-14467 Filed 6-1-98; 8:45 am]
BILLING CODE 4915-00-P
