[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Notices]
[Page 37540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18128]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat.
803, which was enacted on December 29, 1995, and took effect on
January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to Board
jurisdiction pursuant to 49 U.S.C. 11323-24.
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[STB Finance Docket No. 32988]
Richard J. Corman--Continuance in Control Exemption; R.J. Corman
Railroad Company/Allentown Lines, Inc.
Richard J. Corman (Corman), a noncarrier, has filed a notice of
exemption to continue in control of R.J. Corman Railroad Company/
Allentown Lines, Inc. (RJCN), upon RJCN's becoming a Class III rail
carrier.
The transaction was expected to be consummated on July 8, 1996.
This transaction is related to STB Finance Docket No. 32987, R.J.
Corman Railroad Company/Allentown Lines, Inc.--Acquisition and
Operation Exemption--Lines of consolidated Rail Corporation, wherein
RJCN seeks to acquire and operate certain rail lines from Consolidated
Rail Corporation.
Corman owns and controls five existing Class III common carriers by
rail: R.J. Corman Railroad Company/Pennsylvania Lines, Inc., operating
in Pennsylvania; R.J. Corman Railroad Corporation, operating in
Kentucky; R.J. Corman Railroad Company/Memphis Line, operating in
Tennessee and Kentucky; R.J. Corman Railroad Company/Western Ohio Line,
operating in Ohio; and R.J. Corman Railroad Company/Cleveland Line,
operating in Ohio.
Corman states that: (i) The railroads will not connect with each
other or any railroads in their corporate family; (ii) the continuance
in control is not part of a series of anticipated transactions that
would connect the railroads with each other or any railroad in their
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. 32988, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, a copy of each
pleading must be served on Kevin M. Sheys, Esq., Oppenheimer Wolff &
Donnelly, 1020 Nineteenth Street, Suite 400, Washington, DC 20036.
Decided: July 11, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-18128 Filed 7-17-96; 8:45 am]
BILLING CODE 4915-00-P
