[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Notices]
[Page 48203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23384]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board\1\
[STB Finance Docket No. 33045]


Perry County Port Authority d/b/a Hoosier Southern Railroad--
Acquisition and Lease Exemption--Norfolk Southern Railway Company

    The Perry County Port Authority d/b/a Hoosier Southern Railroad 
(``HSR''), a Class III railroad, has filed a notice of exemption under 
49 CFR 1150.41 to acquire by donation and to lease and operate certain 
lines of railroad located in the State of Indiana, which are currently 
owned by the Norfolk Southern Railway Company (``NS''). First, HSR will 
lease and operate, and will subsequently acquire by donation, an 
approximately 2.6-mile line of railroad, extending from milepost 19.8, 
near Santa Claus, IN, to milepost 22.4, at Lincoln City, IN (Santa 
Claus Line). Second, HSR will lease and operate a separate 16.2 mile 
line of railroad extending from milepost 0.0, at Rockport Junction, IN, 
to milepost 16.2, at Rockport, IN (Rockport Line), over which NS will 
retain the right to exercise local trackage rights. In addition, HSR 
will obtain from NS incidental overhead trackage rights over 
approximately 1.1 miles of NS main line, between milepost 33.2-EB (HSR 
milepost 22.4--Santa Claus Line), at Lincoln City, IN, and milepost 
32.1-EB (HSR milepost 0.0--Rockport Line), at Rockport Junction, IN, 
for purposes of connecting the two newly-operated lines \2\ and 
consolidating railcar interchange with NS at Lincoln City, IN.
---------------------------------------------------------------------------

    \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. 10902.
    \2\ Prior to September 1, 1996, the Indiana Hi-Rail Corporation 
(IHR) leased and operated both the Santa Claus Line and the Rockport 
Line. HSR will replace IHR as the new operator. HSR has certified 
that it has served a copy of its notice of exemption upon all 
shippers located on both the Santa Claus Line and the Rockport Line.
---------------------------------------------------------------------------

    HSR expected to consummate the proposed lease and incidental 
trackage rights transactions on September 1, 1996, and to consummate 
the proposed acquisition of the Santa Claus Line on or before December 
31, 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. 33045, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on: Robert A. Wimbish, Esq., Rea, Cross & 
Auchincloss, Suite 420, 1920 N Street, N.W., Washington, DC 20036. 
Telephone: (202) 785-3700.

    Decided: September 4, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23384 Filed 9-11-96; 8:45 am]
BILLING CODE 4915-00-M