[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Notices]
[Page 21899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9173]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34486]


Ohio Valley Railroad Company--Acquisition and Operation 
Exemption--Harwood Properties, Inc.

    Ohio Valley Railroad Company (OVR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by lease 
from Harwood Properties, Inc. (HPI) and operate approximately 2.8 miles 
of trackage consisting of tracks 4 through 11 and connecting tracks in 
the former Harwood Yard in Evansville, IN. The lines connect with lines 
operated by Indiana Southwestern Railroad Company (ISWR). OVR certifies 
that its projected revenues as a result of this transaction will not 
exceed those that would qualify it as a Class III carrier and will not 
exceed $5 million annually.\1\
---------------------------------------------------------------------------

    \1\ On March 26, 2004, counsel for CSX Transportation, Inc. 
submitted comments requesting that the Board closely review OVR's 
proposal to determine if OVR will actually become a common carrier 
or will merely be a new entity providing non-common carrier service. 
By facsimile dated April 6, 2004, OVR stated that it ``would provide 
common carrier rail operations upon exemption authorization from the 
Surface Transportation Board.''
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or after March 
30, 2004, the effective date of exemption (7 days after the exemption 
was filed).\2\
---------------------------------------------------------------------------

    \2\ On April 15, 2004, ISW filed a petition to reject the 
verified notice, to revoke the exemption, or to stay its effect. 
ISW's petition will be addressed by the Board in a separate 
decision.
---------------------------------------------------------------------------

    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 will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33486, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Richard R. Wilson, 2310 Grant 
Building, Pittsburgh, PA 15219-2383.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 16, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-9173 Filed 4-21-04; 8:45 am]
BILLING CODE 4915-01-P