[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Pages 2571-2572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1331]
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DEPARTMENT OF TRANSPORTATION
[Finance Docket No. 32839] \1\
Richard J. Corman--Continuance in Control Exemption--R.J. Corman
Railroad Company/Pennsylvania Lines, Inc.
Richard J. Corman (Corman), a non-carrier, has filed a verified
notice under 49 CFR 1180.2(d)(2) to continue in control of R.J. Corman
Railroad Company/Pennsylvania Lines, Inc. (RJCP) on RJCP's becoming a
carrier. RJCP, a new entity within the R.J. Corman family, was created
to acquire from Consolidated Rail Corporation (Conrail) approximately
238.2 miles of rail lines and trackage rights known as the ``Clearfield
Cluster'' in Centre, Clinton, Clearfield, Jefferson, Indiana and
Cambria Counties, PA. The transaction was to have been consummated on
December 29, 1995.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions and proceedings
to the Surface Transportation Board (Board). Section 204(b)(1) of
the Act provides, in general, that proceedings pending before the
ICC on the effective date of that legislation shall be decided under
the law in effect prior to January 1, 1996, insofar as they involve
functions retained by the Act. This notice relates to a proceeding
that was pending with the ICC prior to January 1, 1996, and to
functions that are subject to Board jurisdiction pursuant to 49
U.S.C. 11323. Therefore, this notice applies the law in effect prior
to the Act, and citations are to the former section of the statute,
unless otherwise indicated.
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This proceeding is related to R.J. Corman Railroad Company/
Pennsylvania Lines, Inc.--Acquisition and Operation Exemption--Lines of
Consolidated Rail Corporation, Finance Docket No. 32838, wherein RJCP
will acquire 230.4 miles of rail lines of Conrail, and to acquire by
assignment from Conrail incidental trackage rights over approximately
7.8 miles of railroad owned by the Clearfield and Mahoning Railway
Company.
The transaction is exempt from the prior approval requirements of
49 U.S.C. 11343 because: (1) the properties of RJCP will not connect
with any other railroad in the R.J. Corman corporate family; (2) the
continuance in control is not part of a series of anticipated
transactions that would connect RJCP with any other railroad in the
R.J. Corman corporate family; and (3) the transaction does not involve
a class I carrier.
As a condition to this exemption, any employees adversely affected
by the trackage rights will be protected under New York Doc Ry.--
Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
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. 10505(d) may be filed at any time.
The filing of a petition to reopen will not stay the exemption's
effectiveness. An original and 10 copies of all pleadings, referring to
Finance Docket No. 32839, must be filed with the Office of the
Secretary, Case Control Branch, Surface Transportation Board,
[[Page 2572]]
Washington, DC 20423. In addition, a copy of each pleading must be
served on Kevin M. Sheys, Oppenheimer Wolff & Donnelly, 1020 Nineteenth
Street NW., Suite 400, Washington, DC 20036.
Decided: January 23, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1331 Filed 1-25-96; 8:45 am]
BILLING CODE 4915-00-P
