[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 30036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14467]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33591]


The Indiana & Ohio Rail Passenger Corporation--Trackage Rights 
Exemption--Indiana & Ohio Railway Company, Inc.

    Indiana & Ohio Railway Company, Inc. (IORY) has agreed to grant 
local trackage rights to The Indiana & Ohio Rail Passenger Corporation 
(IORP), for the operation of rail passenger service over the following 
points: (1) from milepost 39.8, near Diann, MI, to milepost 107.3, near 
Leipsic, OH; (2) from milepost 110.8 to milepost 114.9 in Ottaway, OH; 
and (3) from milepost 128.3, near Lima, OH, to milepost 202.7, near 
Springfield, OH, a distance of approximately 146.02 miles.1
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    \1\ The agreement that is the subject of this notice is a 
confirmation of and an amendment to an earlier trackage rights 
agreement between IORP and IORY and certain other Class III 
railroads affiliated with the IORY. See 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., 
(STB served June 21, 1996).
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    The parties expected to consummate the transaction on or about May 
26, 1998. The earliest the transaction could be consummated was May 22, 
1998, the effective date of the exemption (7 days after the notice of 
exemption was filed).
    The purpose of the trackage rights is to extend IORP's passenger 
operations over newly-acquired IORY lines.2
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    \2\ See STB Finance Docket No. 33180, Indiana & Ohio Railway 
Company--Acquisition Exemption--Lines of The Grand Trunk Railroad 
Inc., (STB served Feb. 10, 1997).
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    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.
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33591, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Robert L. Calhoun, Esq., Redmon, Boykin & Braswell, L.L.P., 
510 King Street, Suite 301, Alexandria, VA 22314.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 26, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-14467 Filed 6-1-98; 8:45 am]
BILLING CODE 4915-00-P