[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Pages 2571-2572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1331]



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DEPARTMENT OF TRANSPORTATION
[Finance Docket No. 32839] \1\


Richard J. Corman--Continuance in Control Exemption--R.J. Corman 
Railroad Company/Pennsylvania Lines, Inc.

    Richard J. Corman (Corman), a non-carrier, has filed a verified 
notice under 49 CFR 1180.2(d)(2) to continue in control of R.J. Corman 
Railroad Company/Pennsylvania Lines, Inc. (RJCP) on RJCP's becoming a 
carrier. RJCP, a new entity within the R.J. Corman family, was created 
to acquire from Consolidated Rail Corporation (Conrail) approximately 
238.2 miles of rail lines and trackage rights known as the ``Clearfield 
Cluster'' in Centre, Clinton, Clearfield, Jefferson, Indiana and 
Cambria Counties, PA. The transaction was to have been consummated on 
December 29, 1995.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 11323. Therefore, this notice applies the law in effect prior 
to the Act, and citations are to the former section of the statute, 
unless otherwise indicated.
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    This proceeding is related to R.J. Corman Railroad Company/
Pennsylvania Lines, Inc.--Acquisition and Operation Exemption--Lines of 
Consolidated Rail Corporation, Finance Docket No. 32838, wherein RJCP 
will acquire 230.4 miles of rail lines of Conrail, and to acquire by 
assignment from Conrail incidental trackage rights over approximately 
7.8 miles of railroad owned by the Clearfield and Mahoning Railway 
Company.
    The transaction is exempt from the prior approval requirements of 
49 U.S.C. 11343 because: (1) the properties of RJCP will not connect 
with any other railroad in the R.J. Corman corporate family; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect RJCP with any other railroad in the 
R.J. Corman 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 trackage rights will be protected under New York Doc 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. 32839, must be filed with the Office of the 
Secretary, Case Control Branch, Surface Transportation Board, 

[[Page 2572]]
Washington, DC 20423. In addition, a copy of each pleading must be 
served on Kevin M. Sheys, Oppenheimer Wolff & Donnelly, 1020 Nineteenth 
Street NW., Suite 400, Washington, DC 20036.

    Decided: January 23, 1996.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1331 Filed 1-25-96; 8:45 am]
BILLING CODE 4915-00-P