[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Notices]
[Page 3762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2078]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Finance Docket No. 32852] \1\
Russell A. Peterson; Continuance in Control Exemption; Atlantic
Transportation Trust, Inc. d/b/a Jaxport Railway
Russell A. Peterson, a noncarrier, has filed a verified notice
under 49 CFR 1180.2(d)(2) to continue in control of Atlantic
Transportation Trust, Inc. d/b/a Jaxport Railway (JXRY), upon JXRY's
becoming a class III rail carrier. JXRY, a noncarrier, has concurrently
filed a notice of exemption in Finance Docket No. 32851, Atlantic
Transportation Trust, Inc., d/b/a Jaxport Railway--Lease and Operation
Exemption--Lines of Jacksonville Port Authority, in which JXRY seeks to
acquire by lease and operation approximately 10.33 miles of rail line
owned by Jacksonville Port Authority in Duval County, FL. The
transaction was to have been consummated on January 12, 1996.
\1\ The ICC Termination Act of 1995, Pub. L. 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 sections of the statute,
unless otherwise indicated.
---------------------------------------------------------------------------
Russell A. Peterson also controls through stock ownership four
other nonconnecting class III rail carriers: Allegheny Valley Railroad
Company; Gulf Coast Rail Service, Inc. d/b/a Orange Port Terminal
Railway; Southwest Pennsylvania Railroad; and the Camp Chase Industrial
Railroad Corporation.
The transaction is exempt from the prior approval requirements of
49 U.S.C. 11343 because Russell A. Peterson states that: (1) The
railroads will not connect with each other or with any railroad in
their corporate family; (2) the continuance in control is not part of a
series of anticipated transactions that would connect the railroads
with each other or with any railroad in their 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 transaction 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. 10502 [formerly section 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. 32852, must be filed with
the Office of the Secretary, Case Control Branch, Surface
Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC
20423. In addition, a copy of each pleading must be served on Keith G.
O'Brien, Rea, Cross & Auchincloss, 1920 N Street, NW, Suite 420,
Washington, DC 20026.
Decided: January 26, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-2078 Filed 1-31-96; 8:45 am]
BILLING CODE 4915-00-P
