[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Notices]
[Page 66556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31084]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32823]


John C. Nolan--Continuance in Control Exemption--Lancaster 
Northern Railway

    John C. Nolan (Nolan) has filed a notice of exemption to continue 
in control of Lancaster Northern Railway (LANO), upon LANO becoming a 
class III rail carrier.
    LANO, a noncarrier, has concurrently filed a notice of exemption in 
Finance Docket No. 32822, Lancaster Northern Railway--Acquisition and 
Operation Exemption--Line of Consolidated Rail Corporation, in which 
LANO seeks to acquire and operate approximately 12.90 miles of rail 
line owned by Consolidated Rail Corporation (Conrail), known as the 
Akron Secondary Track LC 20-0337, between the connection with Conrail 
at approximately milepost 0.05 at Sinking Spring, Berks County, PA, and 
the end of the track at Stevens at approximately milepost 12.94, in 
Lancaster County, PA. The parties intended to consummate the proposed 
transaction on November 30, 1995.
    Nolan also controls, through stock ownership, two other 
nonconnecting class III rail carriers that operate in Pennsylvania: 
East Penn Railways, Inc., and Bristol Industrial Terminal Railway. 
Nolan states that: (1) The railroads do not connect with each other nor 
do they belong to any family of lines to which they connect; (2) the 
involved transaction is not a part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroad within its corporate family; and (3) the transaction does not 
involve a class I carrier. The transaction is therefore exempt from the 
prior approval requirements of 49 U.S.C. 11343. See 49 CFR 
1180.2(d)(2).
    As a condition to the 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 
Interstate Commerce Commission, Office of the Secretary, Case Control 
Branch, 1201 Constitution Avenue, NW, Washington, DC 20423 1 and 
served on: John K. Fiorilla, 390 George Street, P.O. Box 1185, New 
Brunswick, NJ 08903.

    \1\ Legislation to sunset the Commission on December 31, 1995, 
and transfer remaining functions is now under consideration in 
Congress. Until further notice, parties submitting pleadings should 
continue to use the current name and address.

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    Decided: December 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31084 Filed 12-21-95; 8:45 am]
BILLING CODE 7035-01-P