[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11521-11522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6034]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33330] 1
Union County Industrial Railroad Company--Corporate Family
Transaction Exemption--West Shore Railway Services, Inc.
Union County Industrial Railroad Company (UCIR) and West Shore
Railway Services, Inc. (West Shore),2 Class III railroads, have
jointly filed a verified notice of exemption. The exempt transaction is
a merger of West Shore into UCIR.
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\1\ This notice corrects and supersedes the notice in this
proceeding that was served on January 15, 1997, and published the
same date at 62 FR 2215.
\2\ UCIR and West Shore are owned and controlled by Richard D.
Robey.
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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 West Shore Railroad Corporation (WSRC) in STB
Finance Docket No. 33329 3 and approximately 8.965 miles
previously operated by West Shore in the Commonwealth of Pennsylania.
The merger will improve the overall efficiency of rail operations and
reduce costs associated with two corporate entities.
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\3\ 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).
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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
[[Page 11522]]
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, 1925 K Street,
N.W., Washington, DC 20423-0001. In addition, a copy of each pleading
must be served on Richard R. Wilson, Esq., Vuono & Gray, 2310 Grant
Building, Pittsburgh, PA 15219.
Decided: March 4, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-6034 Filed 3-11-7; 8:45 am]
BILLING CODE 4915-00-P
