[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7813]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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INTERNATIONAL TRADE COMMISSION
[Finance Docket No. 32416]

 

The Cincinnati Terminal Railway Co.; Acquisition and Operation 
Exemption--Consolidated Rail Corp.

    The Cincinnati Terminal Railway Co. (CTR), a noncarrier,1 has 
filed a notice of exemption to acquire approximately 16.25 miles of 
rail line owned by Consolidated Rail Corporation (Conrail) as follows: 
(1) The Oasis Secondary line between milepost 0.4 in Cincinnati, OH and 
milepost 7.0 in Fairfax, OH; (2) the Oasis Branch line between milepost 
7.0, near Fairfax and milepost 16.4 in Evendale, OH; and (3) the Mill 
Connecting line between milepost 16.4 and its connection to Conrail's 
Cincinnati line in Evendale, a distance of .25 mile. These lines are 
collectively known as the Oasis Branch.2
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    \1\CTR is a wholly-owned subsidiary of Indiana & Ohio Rail Corp. 
(IORC). IORC presently controls Indiana and Ohio Railway Company and 
Indiana and Ohio Railroad Company (Finance Docket No. 30961), 
Indiana & Ohio Eastern Railroad, Inc. (Finance Docket No. 31019), 
and Indiana & Ohio Central Railroad, Inc. (Finance Docket No. 
31073).
    \2\ The lines to be acquired by CTR directly connect and will 
interchange traffic with another IORC subsidiary, The Indiana & Ohio 
Railway Company and, as such, IORC will not be able to invoke the 
continuance in control class exemption at 49 CFR 1180.2(d)(2) to 
retain control of CTR once it becomes a carrier.
    To avoid an unlawful control violation, CTR states that its 
voting stock was placed in a voting trust pursuant to 49 CFR 1013.1 
et seq., prior to its completion of the acquisition. IORC will be 
filing a petition for exemption under 49 U.S.C. 10505 and 11343, 
seeking an exemption which would permit it to dissolve the voting 
trust and to assume control of CTR, in Finance Docket No. 32420.
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    As part of this transaction, CTR will grant Conrail incidental 
trackage rights for overhead service from milepost 15.8 to milepost 
16.4, and over the Mill Connecting line, to preserve Conrail service to 
shippers located on a non-contiguous Norfolk Southern line on which 
Conrail has local operating rights. The parties intended to consummate 
the transaction on or about March 24, 1994.
    Any comments must be filed with the Commission and served on: 
Robert L. Calhoun, 1025 Connecticut Ave., NW., suite 1000, Washington, 
DC 20036.
    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.

    Decided: March 25, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7813 Filed 03-31-94; 8:45 am]
BILLING CODE 7035-01-P