[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Page 59026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28786]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33475]


C&NC Railroad Corporation--Lease and Operation Exemption--Lines 
of the Norfolk and Western Railway Company and Indiana Hi Rail 
Corporation

    C&NC Railroad Corporation (CNUR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease and operate 
the Connersville Line (Line) in the State of Indiana, consisting of 
27.62 miles of rail line. CNUR will lease from the Norfolk and Western 
Railway Corporation (NW) and operate the 22.42-mile portion of the rail 
line that is owned by NW: (1) from Beesons, (N&W milepost 4.80), to New 
Castle, (N&W milepost 25.30--Thornburg Street); and (2) from milepost 
0.0 to 1.92, in New Castle, (the New Castle Industrial Track). R. 
Franklin Unger, Trustee of the Indiana Hi Rail Corporation (Hi Rail) 
currently leases and operates the NW portion of the Line.
    The remaining 5.2 miles of the Line, from Beesons, milepost 5.2, to 
Connersville, milepost 0.0, is owned and operated by Hi Rail and is the 
subject of a separate acquisition exemption in STB Finance Docket No. 
33476, C&NC, L.L.C.--Acquisition Exemption--Indiana Hi Rail 
Corporation. CNUR has entered into an agreement with C&NC, L.L.C. 
(CLLC) to lease from CLLC and operate the Beesons to Connersville 
portion of the Line.
    CNUR will grant to NW incidental trackage rights over the main and 
auxiliary tracks of CNUR for non-revenue operations between mileposts 
CB-25.30 (through C.B. 25.00=R-00) and R-0.80.
    The transaction was scheduled to be consummated on or after the 
October 15, 1997 effective date of the exemption. The transaction is 
related to the Hi Rail Trustee's filing of an Amended Plan of 
Reorganization with the Board in STB Finance Docket No. 33491 on 
October 3, 1997.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33475, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Richard R. Wilson, Esq., 1126 Eighth Avenue, Suite 403, 
Altoona, PA 16002.

    Decided: October 21, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-28786 Filed 10-30-97; 8:45 am]
BILLING CODE 4915-00-P