95-17328. John C. NolanContinuance in Control ExemptionEast Penn Railways, Inc.

[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Page 36307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17328]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32733]


John C. Nolan--Continuance in Control Exemption--East Penn 
Railways, Inc.

    John C. Nolan (Nolan) has filed a notice of exemption to continue 
in control of East Penn Railways, Inc. (EPRY), upon EPRY becoming a 
class III rail carrier. EPRY has concurrently filed a notice for a 
modified certificate of public convenience and necessity in East Penn 
Railways, Inc.--Modified Rail Certificate, Finance Docket No. 32732, to 
operate as a rail common carrier in Pennsylvania.
    Nolan also owns and controls the Bristol Industrial Terminal 
Railway, a class III rail carrier. Nolan indicates that: (1) The 
properties operated by the affiliated railroads will not connect with 
each other; (2) the continuance in control is not a part of a series of 
anticipated transactions that would connect the railroads with each 
other or any other railroad in their corporate family; and (3) the 
transaction does not involve a class I carrier. The transaction 
therefore is exempt from the prior approval requirements of 49 U.S.C. 
11343. See 49 CFR 1180.2(d)(2).
    As a condition to use of this exemption, any employees affected by 
the transaction will be protected by the conditions set forth in New 
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
    Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be 
filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: Walter A. Stapleton, 143A Green Mountain 
Road, Claremont, NH 03743.

    Decided: July 10, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-17328 Filed 7-13-95; 8:45 am]
BILLING CODE 7035-01-P