[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Notices]
[Pages 76354-76355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24380]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34800]


Indiana & Ohio Railway Company--Trackage Rights Exemption--Fulton 
Railway Co., Ltd.

    Fulton Railroad Co., Ltd. (Fulton) has agreed to grant local and 
overhead trackage rights to Indiana & Ohio Railway Company (IORY), a 
Class III rail carrier, over Fulton's line of railroad from milepost 
0.0 and continuing for 4,800 feet to the end of the track in the city 
of Cincinnati, Millcreek Township, Hamilton County, OH, a distance of 
4,800 feet.
    The transaction was scheduled to be consummated on or shortly after 
December 14, 2005. The purpose of the trackage rights is to enable IORY 
to enhance service.

[[Page 76355]]

    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. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    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. 34800, 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 Louis E. Gitomer Esq., Ball 
Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.

    Decided: December 16, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-24380 Filed 12-22-05; 8:45 am]
BILLING CODE 4915-01-P