[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Page 63602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31385]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33511]
Emons Transportation Group, Inc.--Continuance in Control
Exemption--Penn Eastern Rail Lines, Inc.
Emons Transportation Group, Inc. (Emons), has filed a notice of
exemption to continue in control of Penn Eastern Rail Lines, Inc.
(PERL), upon PERL's becoming a Class III railroad. The transaction was
expected to be consummated on or about November 20, 1997, the effective
date of the exemption.
This transaction is related to STB Finance Docket No. 33512, Penn
Eastern Rail Lines, Inc.--Acquisition and Operation Exemption--Lines of
Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East
Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc.,
wherein PERL seeks to acquire and operate certain rail lines from
Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East
Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc.
Emons controls through stock ownership three other Class III rail
carriers: Maryland and Pennsylvania Railroad Company, operating 26
miles of rail line between York and Hanover, PA; Yorkrail, Inc.,
operating approximately 16 miles of rail line between York and Porters
Sideling, PA; and, St. Lawrence & Atlantic Railroad Company, operating
between Portland, ME, and the Canadian border at Norton, VT.
Emons states that: (1) PERL will not connect with any of the other
railroads in its corporate family; (2) the continuance in control is
not part of a series of anticipated transactions that would connect
PERL with any other railroad in its corporate family; 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. 33511, 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, a copy of each pleading mustbe
served on: Kevin M. Sheys, Oppenheimer Wolff & Donnelly, 1020
Nineteenth Street, N.W., Suite 400, Washington, DC 20036.
Decided: November 21, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-31385 Filed 11-28-97; 8:45 am]
BILLING CODE 4915-00-P
