[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Notices]
[Page 31323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14467]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32712]


Summit View Corporation--Continuance and Control Exemption--Ohio 
& Pennsylvania Railroad Company

    Summit View Corporation (Summit), a noncarrier, has filed a 
verified notice under 49 CFR 1180.2(d)(2) to continue to control Ohio & 
Pennsylvania Railroad Company (OPRC) on OPRC's becoming a class III 
rail carrier. Summit already controls four class III rail carriers: 
Ohio Central Railroad, Inc., Ohio Southern Railroad, Inc., Youngstown & 
Austintown Railroad, Inc., and Warren & Trumbull Railroad. The 
transaction was to have been consummated on or after the exemption's 
May 29, 1995, effective date.
    OPRC has concurrently filed a verified notice in Ohio & 
Pennsylvania Railroad Company--Lease and Operation Exemption--P&LE 
Properties, Inc., Finance Docket No. 32711, to lease from P&LE 
Properties, Inc., and operate 39.24 miles of line between Youngstown, 
OH, and Darlington, PA.
    The transaction is exempt from the prior approval requirements of 
49 U.S.C. 11343 because: (1) The properties of OPRC will not connect 
with any other railroad in the Summit corporate family; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect OPRC with any other railroad in the 
Summit corporate family; and (3) the transaction does not involve a 
class I carrier.
    As a condition to this exemption, any employees adversely affected 
by the transaction will be protected under New York Dock Ry.--Control--
Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10505(d) may be filed at any time. 
The filing of a petition to reopen will not stay the exemption's 
effectiveness. An original and 10 copies of all pleadings, referring to 
Finance Docket No. 32712, must be filed with the Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423. In addition, a copy of each pleading must be 
served on Kelvin J. Dowd, Slover & Loftus, 1224 Seventeenth Street, 
NW., Washington, DC 20036.

    Decided: June 8, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-14467 Filed 6-13-95; 8:45 am]
BILLING CODE 7035-01-P