[Federal Register Volume 65, Number 71 (Wednesday, April 12, 2000)]
[Notices]
[Page 19812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8946]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33822]


Tuscola and Saginaw Bay Railway Company--Acquisition and 
Operation Exemption--Grand Trunk Western Railroad Incorporated, and 
Central Michigan Railway Company

    Tuscola and Saginaw Bay Railway Company (TSBY), a Class III common 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
for its acquisition of a Grand Trunk Western Railroad Incorporated 
(GTW) rail line extending from milepost 105.0 to milepost 109.46, in 
Owosso, MI, including a short connecting track extending from milepost 
63.9 (approximately milepost 107.5 on the first segment) to milepost 
64.4, in Owosso, a total distance of approximately 4.96 miles (Owosso 
Trackage).\1\ Additionally, as part of the exemption, TSBY's seeks to 
continue operations on the Durand-Owosso Line as follows: (1) Over 
GTW's line between milepost 94.0 and milepost 97.5, in Durand; (2) over 
Central Michigan Railway Company's (CMGN) main line between milepost 
97.5, in Durand, and milepost 105, in Owosso; and (3) within CMGN's San 
Yard, between milepost 105 and milepost 106, in Owosso. The total 
distance of TSBY's operations on the Durand-Owosso Line is 
approximately 12 miles.\2\
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    \1\ TSBY states that it acquired the Owosso Trackage pursuant to 
a Real Estate Purchase Contract dated October 28, 1997, and that the 
acquisition was completed on January 5, 1998. TSBY further states 
that it has been operating the Owosso Trackage in conjunction with 
other TSBY lines radiating out of Owosso since 1982 and that it will 
continue to operate the Owosso Trackage.
    \2\ TSBY represents that it has been conducting only overhead 
operations on the Durand-Owosso Line pursuant to an Operating 
Agreement with the Michigan Department of Transportation dated 
September 19, 1985, as amended, but that its operation of the 
Durand-Owosso Line also dates to 1982. In 1995, TSBY attempted to 
obtain a modified certificate of public convenience and necessity 
pursuant to the provisions of 49 CFR 1150, Subpart C, to operate the 
Owosso Trackage and the Durand-Owosso Line. See Tuscola and Saginaw 
Bay Railway Company, Inc., Modified Certificate, Finance Docket No. 
32743 (ICC served Oct. 12, 1995).
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    Apparently unaware until recently that further regulatory 
authorization was needed, TSBY did not file its verified notice of 
exemption with the Board until March 30, 2000. Thus, the effective date 
of the exemption is April 6, 2000 (7 days after the exemption was 
filed).
    If the verified 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. 33822, 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, one copy of each pleading must 
be served on Kevin M. Sheys, Esq., Oppenheimer Wolff Donnelly & Bayh 
LLP, 1350 Eye Street, N.W., Suite 200, Washington, DC 20005-3324.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 4, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary,
[FR Doc. 00-8946 Filed 4-11-00; 8:45 am]
BILLING CODE 4915-00-P