The Indiana & Ohio Rail Passenger Corp.Trackage Rights ExemptionIndiana & Ohio Rail Corp. and The Central Railroad Company of Indiana

[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Notices]
[Page 39185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18331]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33781]


The Indiana & Ohio Rail Passenger Corp.--Trackage Rights 
Exemption--Indiana & Ohio Rail Corp. and The Central Railroad Company 
of Indiana

    Indiana & Ohio Rail Corp. (I&O) and The Central Railroad Company of 
Indiana (CIND) have agreed to grant local trackage rights 1 
to The Indiana & Ohio Rail Passenger Corp. (IORP) for the operation of 
rail passenger service from Cincinnati, OH, at M.P. 0.0, to M.P. 81.0, 
near Shelbyville, IN, a distance of 81.0 miles. This transaction is 
expected to be consummated on or after July 23, 1999.
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    \1\ The trackage rights agreement filed in STB Finance Docket 
No. 33781 is a confirmation of and an amendment to an earlier 
trackage rights agreement, dated June 4, 1996, between the IORP and 
certain other Class III carriers. See 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 Finance Docket No. 32976 
(STB served June 21, 1996).
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    The purpose of the trackage rights is to permit IORP to conduct 
rail passenger operations over the lines of CIND and I&O.
    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.
    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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33781, 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, one 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: July 13, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18331 Filed 7-20-99; 8:45 am]
BILLING CODE 4915-00-P