[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Notices]
[Pages 2215-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-952]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33330]
Union County Industrial Railroad Company; Corporate Family
Transaction Exemption; West Shore Railroad Corporation
Union County Industrial Railroad Company (UCIR) and West Shore
Railroad Corporation (WSRC),\1\ Class III
[[Page 2216]]
railroads, have jointly filed a verified notice of exemption. The
exempt transaction is a merger of WSRC into UCIR.
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\1\ UCIR and WSRC are owned and controlled by Richard D. Robey.
UCIR owns and operates approximately 3.9 miles of rail line in the
Commonwealth of Pennsylvania, which will be acquired by WSRC in West
Shore Railroad Corporation--Acquisition Exemption--Union County
Industrial Railroad Company, STB Finance Docket No. 33329 (STB
served Jan. 15, 1997). WCRC operates approximately 8.965 miles of
rail line in the Commonwealth of Pennsylvania.
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The earliest the transaction could be consummated was December 30,
1996, the effective date of the exemption (7 days after the exemption
was filed).
UCIR will provide continuing rail common carrier service on the
lines to be acquired by WSRC in STB Finance Docket No. 33329 and those
previously operated by WSRC. The merger will improve the overall
efficiency of rail operations and reduce costs associated with two
corporate entities.
This is a transaction within a corporate family of the type
specifically exempted from prior review and approval under 49 CFR
1180.2(d)(3). The parties state that the transaction will not result in
adverse changes in service levels, significant operational changes, or
a change in the competitive balance with carriers outside the corporate
family.
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.
If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to reopen the proceeding to
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time.
The filing of a petition to reopen will not automatically stay the
transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33330, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, a copy of each
pleading must be served on Richard R. Wilson, Esq., Vuono & Gray, 2310
Grant Building, Pittsburgh, PA 15219.
Decided: January 6, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-952 Filed 1-14-97; 8:45 am]
BILLING CODE 4915-00-P
