[Federal Register: June 30, 1999 (Volume 64, Number 125)]
[Notices]               
[Page 35250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn99-151]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33760]

 
The Indiana Northeastern Railroad Company--Operation Exemption--
Branch and St. Joseph Counties Rail Users Association, Inc., in Branch 
County, MI

    The Indiana Northeastern Railroad Company (INR), a Class III rail 
carrier, and the Branch and St. Joseph Counties Rail Users Association, 
Inc. (RUA) have filed a notice of exemption under 49 CFR 1150.41 for 
INR to operate approximately 10.4 miles of rail line owned by the RUA, 
from milepost 376.56 east of Quincy, MI, to milepost 386.96 west of 
Coldwater, in Branch County, MI. INR states that its annual revenue 
will not exceed those that would qualify it as a Class III rail 
carrier.
    The transaction was scheduled to be consummated on June 8, 1999, 
the effective date of the exemption.<SUP>1</SUP>
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    \1\ On June 8, 1999, Michigan Southern Railroad Company and 
Michigan Southern Railroad Company, Inc. filed a petition to reject, 
stay, and/or revoke the exemption. The request for stay was received 
too late to be considered before the exemption went into effect. 
While the proposed transaction does not appear to fit the ``change 
of operator'' category, it nonetheless qualifies for filing as an 
``operation exemption.'' The petition for rejection and/or 
revocation will be considered by the Board in a separate decision.
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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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. FD 33760, 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 Carl M. Miller, MILLER LAW OFFICE, 618 
Professional Park Drive, P.O. Box 332, New Haven, IN 46774 [Attorney 
for INR], and Andrew J. Van Doren, BIRINGER, HUTCHINSON, VAN DOREN, 
LILLIS & BAPPERT, P.C., Century Bank and Trust Bldg., 100 West Chicago 
Street, Coldwater, MI 49036-1897 [Attorney for RUA].
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 24, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-16653 Filed 6-29-99; 8:45 am]
BILLING CODE 4915-00-P