[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Page 41486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19560]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33784]
Penn Virginia Corporation--Continuance in Control Exemption--
Kanawha Rail Corp.
Penn Virginia Corporation (Penn Virginia) has filed a notice of
exemption to continue in control of the Kanawha Rail Corp.
(Kanawha),\1\ upon Kanawha's becoming a Class III railroad.
---------------------------------------------------------------------------
\1\ Kanawha was formerly known as Penn Virginia Resources
Marketing Corporation.
---------------------------------------------------------------------------
The transaction is scheduled to be consummated on July 29, 1999,
the effective date of the exemption (7 days after the notice of
exemption was filed).
This transaction is related to STB Finance Docket No. 33783,
Kanawha Rail Corp.--Acquisition and Operation Exemption--Winifrede
Railroad Company, wherein Kanawha seeks to acquire and operate
approximately 6.47 miles of rail line together with associated rail
properties from the Winifrede Railroad Company.
Penn Virginia indirectly exercises control over the Powell River
Railroad Company (PRR). PRR is wholly owned by the Powell River
Railroad Corporation (PRCC). PRCC, in turn, is wholly owned by Penn
Virginia.
Penn Virginia states that: (i) the rail line to be operated by
Kanawha does not connect with the PRR (the only other railroad
controlled by Penn Virginia); (ii) the transaction is not part of a
series of anticipated transactions that would connect Kanawha with the
PRR; 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. 33784, 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 Kelvin J. Dowd, Esq., Slover & Loftus, 1224 Seventeenth
Street, N.W., Washington, DC 20036.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: July 23, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-19560 Filed 7-29-99; 8:45 am]
BILLING CODE 4915-00-P
