[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Page 32026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15892]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board1
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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. 10901.
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[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.
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\2\ A 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.
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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
