[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Notices]
[Page 34111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16544]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33415]
Jeffrey L. Sutch and Leonard J. Smolsky--Continuance in Control
Exemption--Penn-Jersey Rail Lines, Inc.
Jeffrey L. Sutch and Leonard J. Smolsky (Applicants), have filed a
notice of exemption to continue in control of the Penn-Jersey Rail
Lines, Inc. (PENN), upon PENN's becoming a Class III railroad.
The transaction is expected to be consummated on or after June 18,
1997.
This transaction is related to STB Finance Docket No. 33414, Penn
Jersey Rail Lines, Inc.--Acquisition and Operation Exemption--WMI
Properties, Inc., wherein PENN seeks to acquire and operate certain
rail lines from WMI Properties, Inc.
Applicants control one existing Class III railroad subsidiary: SMS
Rail Service, Inc., operating in the State of New Jersey.
Applicants state that: (i) the rail lines to be operated by PENN do
not connect with any railroad in the corporate family; (ii) the
transaction is not part of a series of anticipated transactions that
would connect PENN with any railroads in the corporate family; and
(iii) the transaction does not involve a Class I carrier. Therefore,
the transaction 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 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 notice contains false or misleading information, the
exemption is void ab initio. 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. 33415, 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 must be
served on Fritz R. Kahn, Esq., 1100 New York Avenue, N.W., Suite 750
West, Washington, DC 20005.
Decided: June 17, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-16544 Filed 6-23-97; 8:45 am]
BILLING CODE 4910-00-P
