[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Page 3735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1746]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33332]
Summit View Incorporated--Continuance in Control Exemption--The
Youngstown Belt Railroad Company
Summit View Incorporated (Summit) has filed a notice of exemption
to continue in control of The Youngstown Belt Railroad Company (YBRR),
upon YBRR's becoming a Class III rail carrier. The transaction was to
have been consummated shortly after December 31, 1996, the effective
date of the exemption.
YBRR, a noncarrier, has concurrently filed a notice of exemption in
The Youngstown Belt Railroad Company--Lease and Operation Exemption--
Warren & Trumbull Railroad Company, STB Finance Docket No. 33333, to
lease and operate approximately 12.9 miles of rail line, together with
incidental trackage rights, owned by The Warren and Trumbull Railroad
Company (WTRC); and (2) to acquire and operate 2.4 miles of connected
rail line owned by CSX Transportation, Inc. (CSXT) via simultaneous
assignment of WTRC's rights under a Track Lease/Operating Agreement
with CSXT, a total of 15.3 miles of rail line, exclusive of the
incidental trackage rights, located in Mahoning and Trumbull Counties,
OH.
Summit controls four other nonconnecting Class III rail carriers:
the Ohio & Pennsylvania Railroad Company; the Ohio Central Railroad,
Inc.; the Ohio Southern Railroad, Inc.; and the Youngstown & Austintown
Railroad, Inc.
Summit states that: (1) YBRR will not connect with SKO; (2) the
continuance in control is not part of a series of anticipated
transactions that would connect the railroads; and (3) the transaction
does not involve a Class I railroad. The transaction therefore is
exempt from the prior approval requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2).
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 railroad carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
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. 33332, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423 and served on: Kelvin J. Dowd,
Slover & Loftus, 1224 Seventeenth Street, N.W., Washington, DC 20036.
Decided: January 16, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-1746 Filed 1-23-97; 8:45 am]
BILLING CODE 4915-00-P
