[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23591]


[[Page Unknown]]

[Federal Register: September 23, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32564]

 

Steven C. May--Continuance in Control Exemption--Luzerne and 
Susquehanna Railway Company

    Steven C. May has filed a notice of exemption to continue in 
control of the Luzerne and Susquehanna Railway Company (L&SR), a 
noncarrier, upon L&SR becoming a class III rail carrier. L&SR seeks, in 
a notice of exemption filed concurrently herewith, to be a carrier 
through its lease and operation of certain rail lines in Luzerne and 
Susquehanna Counties, PA, from the Luzerne County Rail Corporation 
(LCRC), in Luzerne and Susquehanna Railway Company--Lease and Operation 
Exemption--Certain Lines of Luzerne County Rail Corporation, F&L 
Realty, Inc., and Pocono Northeast Railway, Inc., Finance Docket No. 
32563.1 The parties intend to consummate the transaction on or 
after August 25, 1994.
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    \1\ By decision served September 1, 1994, the Commission denied 
a petition filed by the Delaware Lackawanna Railroad Co., Inc., 
seeking to stay or reject the notices of exemption in these two 
proceedings. The notices became effective on August 25, 1994.
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    Mr. May controls three other nonconnecting class III rail carriers: 
Owego & Harford Railway, Inc., Lackawanna Valley Railroad Corporation, 
and the Lackawanna Railway, Inc. Mr. May states that: (1) The 
properties operated by these railroads do not connect with each other 
or with the lines being acquired from LCRC; (2) the continuance in 
control is not a part of a series of anticipated transactions that 
would connect the railroads with each other or with any railroad in the 
corporate family; and (3) the transaction does not involve a class I 
carrier. Therefore, the transaction 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: Eric B. Lee, Somma, Sullivan & Lee, 501 Plaza 
Drive, Vestal, NY 13850.

    Decided: September 16, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23591 Filed 9-22-94; 8:45 am]
BILLING CODE 7035-01-P