[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14967-14968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7933]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33365]
R.J. Corman Railroad Company/Pennsylvania Lines Inc.--Corporate
Family Transaction Exemption--Clearfield & Mahoning Railway Company
R.J. Corman Railroad Company/Pennsylvania Lines, Inc. (RJCP) and
the Clearfield & Mahoning Railway Company (C&M),\1\ Class III common
[[Page 14968]]
carrier railroads, have jointly filed a verified notice of exemption.
C&M will agree to extend RJCP's current trackage rights from
Curwensville, PA, milepost 18.0, to approximately East Bickford, PA,
milepost 17.4, approximately 0.6 miles.\2\ Simultaneously, RJCP and C&M
will terminate a lease agreement over approximately 8.4 route miles of
C&M rail line between milepost 25.8, at Clearfield, and milepost 17.4,
at East Bickford.\3\
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\1\ RJCP and C&M are commonly controlled by Richard J. Corman.
\2\ RJCP currently operates, by assignment, incidental trackage
rights over C&M's lines between Clearfield, PA, milepost 25.8, and
CB Junction, PA, milepost 19.4, to Curwensville, PA, milepost 18.0,
a distance of 7.8 miles.
\3\ See R. J. Corman Railroad Company/Pennsylvania Lines Inc.--
Lease Exemption--Clearfield & Mahoning Railway Company, STB Finance
Docket No. 32861 (STB served June 21, 1996).
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The transaction was to be consummated after the March 7, 1997
effective date of the exemption.
The new trackage rights agreement and the termination of the lease
agreement between RJCP and C&M are transactions 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 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. 33365, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Kevin M. Sheys, Esq., Oppenheimer Wolff & Donnelly, 1020
Nineteenth Street, NW., Suite 400, Washington, DC 20036.
Decided: March 24, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-7933 Filed 3-27-97; 8:45 am]
BILLING CODE 4915-00-P
