[Federal Register: October 16, 1998 (Volume 63, Number 200)]
[Notices]               
[Page 55677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc98-143]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board \1\
[STB Finance Docket No. 33669]

 
The Indiana Rail Road Company; Trackage Rights Exemption; Monon 
Rail Preservation Corporation

    Monon Rail Preservation Corporation (Monon), a Class III rail 
carrier, has agreed to grant local trackage rights to The Indiana Rail 
Road Company (INRD), a Class III rail carrier, over its rail line 
between milepost Q217.67 at Hunters, IN, and MP Q213.41 at 
Ellettsville, IN, a distance of 4.26 miles.
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    \1\ See Monon Rail Preservation Corporation--Acquisition 
Exemption--Lines of CSX Transportation, Inc., STB Finance Docket No. 
33668 (STB served Oct. 16, 1998), in which Monon has invoked the 
class exemption at 49 CFR 1150.31 to permit to acquire the line.
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    The transaction is scheduled to become effective immediately upon 
consummation of the transaction in STB Finance Docket No. 33668, which 
is scheduled to take place on or after October 9, 1998.
    The purpose of the trackage rights will permit INDR to ensure 
continuity of service to the shipper on the line pending consummation 
of the operating agreement.
    Upon 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protest the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transaction 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.
    This notice is filed under 49 CFR 1180.2(d)(7). 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 will not 
automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33669, 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, a copy of each pleading must be 
served on John Broadley, Jenner & Block, 601 13th Street N.W., 12th 
floor, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 8, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27865 Filed 10-15-98; 8:45 am]
BILLING CODE 4915-00-P