[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Page 70299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29328]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34273]


Indiana Northeastern Railroad Company--Change in Operators 
Exemption--Branch and St. Joseph Counties Rail Users Association, Inc.

    Indiana Northeastern Railroad Company (INR), a Class III rail 
carrier, and the Branch and St. Joseph Counties Rail Users Association, 
Inc. (RUA) have jointly filed a notice of exemption under 49 CFR 
1150.41 for INR to operate over approximately 24.34 miles of rail line 
owned by the RUA, from milepost 382.5 near Coldwater, MI, to milepost 
406.84 near Sturgis, MI, in Branch and St. Joseph Counties, MI.\1\
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    \1\ INR currently operates over that portion of RUA's rail line 
that runs from milepost 376.56, east of Quincy, MI, to milepost 
386.96, west of Coldwater, in Branch County, MI. Michigan Southern 
Railroad Company, Inc., Michigan Southern Railroad Company f/k/a The 
Wabash & Western Railroad Company (collectively, Michigan Southern), 
currently operates over RUA's line from Coldwater to Sturgis, which 
is the portion of the line involved in the instant transaction. 
Michigan Southern and INR currently jointly operate that portion of 
RUA's line between milepost 382.5 (Coldwater) and milepost 386.96. 
See The Indiana Northeastern Railroad Company--Operation Exemption--
Branch and St. Joseph Counties Rail Users Association, Inc., in 
Branch County, MI, STB Finance Docket No. 33760 (STB served June 30, 
1999).
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    The transaction was expected to be consummated on or shortly after 
November 1, 2002, the effective date of the exemption (7 days after the 
notice was filed).\2\
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    \2\ The notice indicates that an agreement has been reached 
between INR, RUA and Michigan Southern, for Michigan Southern's 
operating rights to be transferred to INR upon the effective date of 
this notice. Thus, after this transaction, INR will be the sole 
operator over RUA's line from milepost 376.56 (Quincy) to milepost 
406.84 (Sturgis). INR and RUA state that all shippers on the line 
have been notified of the change in operators, and that a copy of 
this verified notice of exemption was sent to Michigan Southern.
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    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. 34273, must be filed with the Surface Transportation 
Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Carl M. Miller, 618 
Professional Park Drive, PO Box 332, New Haven, IN 46774 [Attorney for 
INR], and Charles R. Bappert, Biringer, Hutchinson, Lillis & Bappert, 
P.C., 100 West Chicago Street, Coldwater, MI 49036-1897 [Attorney for 
RUA].
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 12, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-29328 Filed 11-20-02; 8:45 am]
BILLING CODE 4915-00-P