[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