Information about The Tuscola and Saginaw Bay Railroad

Archive-Name: gov/us/fed/nara/fed-register/2000/apr/12/65FR19812
Posting-number: Volume 65, Issue 71, Page 19812

[Federal Register: April 12, 2000 (Volume 65, Number 71)]
[Notices]            
[Page 19812]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap00-94]                        

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33822]

Tuscola and Saginaw Bay Railway Company--Acquisition and
Operation Exemption--Grand Trunk Western Railroad Incorporated, and
Central Michigan Railway Company

    Tuscola and Saginaw Bay Railway Company (TSBY), a Class III common
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
for its acquisition of a Grand Trunk Western Railroad Incorporated
(GTW) rail line extending from milepost 105.0 to milepost 109.46, in
Owosso, MI, including a short connecting track extending from milepost
63.9 (approximately milepost 107.5 on the first segment) to milepost
64.4, in Owosso, a total distance of approximately 4.96 miles (Owosso
Trackage).\1\ Additionally, as part of the exemption, TSBY's seeks to
continue operations on the Durand-Owosso Line as follows: (1) Over
GTW's line between milepost 94.0 and milepost 97.5, in Durand; (2) over
Central Michigan Railway Company's (CMGN) main line between milepost
97.5, in Durand, and milepost 105, in Owosso; and (3) within CMGN's San
Yard, between milepost 105 and milepost 106, in Owosso. The total
distance of TSBY's operations on the Durand-Owosso Line is
approximately 12 miles.\2\
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    \1\ TSBY states that it acquired the Owosso Trackage pursuant to
a Real Estate Purchase Contract dated October 28, 1997, and that the
acquisition was completed on January 5, 1998. TSBY further states
that it has been operating the Owosso Trackage in conjunction with
other TSBY lines radiating out of Owosso since 1982 and that it will
continue to operate the Owosso Trackage.
    \2\ TSBY represents that it has been conducting only overhead
operations on the Durand-Owosso Line pursuant to an Operating
Agreement with the Michigan Department of Transportation dated
September 19, 1985, as amended, but that its operation of the
Durand-Owosso Line also dates to 1982. In 1995, TSBY attempted to
obtain a modified certificate of public convenience and necessity
pursuant to the provisions of 49 CFR 1150, Subpart C, to operate the
Owosso Trackage and the Durand-Owosso Line. See Tuscola and Saginaw
Bay Railway Company, Inc., Modified Certificate, Finance Docket No.
32743 (ICC served Oct. 12, 1995).
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    Apparently unaware until recently that further regulatory
authorization was needed, TSBY did not file its verified notice of
exemption with the Board until March 30, 2000. Thus, the effective date
of the exemption is April 6, 2000 (7 days after the exemption was
filed).
    If the verified 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. 33822, 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, one copy of each pleading must
be served on Kevin M. Sheys, Esq., Oppenheimer Wolff Donnelly & Bayh
LLP, 1350 Eye Street, N.W., Suite 200, Washington, DC 20005-3324.
    Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''

    Decided: April 4, 2000.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary,
[FR Doc. 00-8946 Filed 4-11-00; 8:45 am]
BILLING CODE 4915-00-P