[Federal Register: June 30, 1999 (Volume 64, Number 125)]
[Notices]               
[Page 35249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn99-149]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33754]

 
Michigan Southern Railroad Company, Inc.--Acquisition Exemption--
Branch & St. Joseph Counties Rail Users Association, Inc.

    Michigan Southern Railroad Company, Inc. (MSRR), a Class III rail 
carrier, has filed a notice of exemption under 49 CFR 1150.41 to 
acquire (by purchase) 24.34 miles of rail line owned by the Branch & 
St. Joseph Counties Rail Users Association, Inc. (RUA), between 
milepost 382.5 at or near Coldwater, MI, and milepost 406.84 at or near 
Sturgis, MI. Wabash & Western Railway Co., an affiliate of MSRR, will 
continue to operate the line of railroad under the name Michigan 
Southern Railroad.<SUP>1</SUP>
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    \1\ See Southwestern Michigan Railroad Company, Inc.--
Acquisition and Operation Exemption--Branch & St. Joseph Counties 
Rail Users Association, Inc., Finance Docket No. 31525 (ICC served 
Dec. 14, 1990); Michigan Southern Railroad Company, Inc.--Operation 
Exemption--Branch & St. Joseph Counties Rail Users Association, 
Inc., Finance Docket No. 31779 (ICC served Dec 14, 1990); and Wabash 
& Western Railway Co.--Lease and Operation Exemption--Morris Leasing 
Co., Ltd., and Michigan Southern Railroad, Inc., STB Finance Docket 
No. 33306 (STB served (Dec. 24, 1996).
    MSRR certifies that its annual revenue will not exceed those 
that would qualify it as a Class III rail carrier and that its 
annual revenues are not projected to exceed $5 million.
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    The transaction is scheduled to be consummated on or before July 
20, 1999.<SUP>2</SUP>
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    \2\ In a filing in a separate proceeding (STB Finance Docket No. 
33760), MSRR reported that it was attempting to purchase the line 
between Coldwater and Sturgis through exercise of an option it 
asserts it has. In that proceeding, RUA disputes MSRR's right to 
exercise an option to purchase this line and observes that any 
authority MSRR obtains in this proceeding (STB Finance Docket No. 
33754) under 49 CFR 1150.41 is permissive only. RUA is correct that 
the exemption in this proceeding is permissive only and does not 
give MSRR the legal right to purchase the line in the absence of an 
agreement between the parties or a court order to that effect.
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    If this 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. 33754, 
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, a copy of each pleading must be served on John D. 
Heffner, Esq., REA, CROSS & AUCHINCLOSS, Suite 570, 1707 L Street, NW, 
Washington, DC 20036, and Daniel A. LaKemper, Esq., General Counsel, 
Pioneer RailCorp, 1318 South Johanson Road, Peoria, IL 61607-1130.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: June 24, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-16652 Filed 6-29-99; 8:45 am]
BILLING CODE 4915-00-P