[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Notices]
[Page 3762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2078]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Finance Docket No. 32852] \1\


Russell A. Peterson; Continuance in Control Exemption; Atlantic 
Transportation Trust, Inc. d/b/a Jaxport Railway

    Russell A. Peterson, a noncarrier, has filed a verified notice 
under 49 CFR 1180.2(d)(2) to continue in control of Atlantic 
Transportation Trust, Inc. d/b/a Jaxport Railway (JXRY), upon JXRY's 
becoming a class III rail carrier. JXRY, a noncarrier, has concurrently 
filed a notice of exemption in Finance Docket No. 32851, Atlantic 
Transportation Trust, Inc., d/b/a Jaxport Railway--Lease and Operation 
Exemption--Lines of Jacksonville Port Authority, in which JXRY seeks to 
acquire by lease and operation approximately 10.33 miles of rail line 
owned by Jacksonville Port Authority in Duval County, FL. The 
transaction was to have been consummated on January 12, 1996.

    \1\ The ICC Termination Act of 1995, Pub. L. 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 sections of the statute, 
unless otherwise indicated.
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    Russell A. Peterson also controls through stock ownership four 
other nonconnecting class III rail carriers: Allegheny Valley Railroad 
Company; Gulf Coast Rail Service, Inc. d/b/a Orange Port Terminal 
Railway; Southwest Pennsylvania Railroad; and the Camp Chase Industrial 
Railroad Corporation.
    The transaction is exempt from the prior approval requirements of 
49 U.S.C. 11343 because Russell A. Peterson states that: (1) The 
railroads will not connect with each other or with any railroad in 
their corporate family; (2) the continuance in control is not part of a 
series of anticipated transactions that would connect the railroads 
with each other or with any railroad in their 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 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. 10502 [formerly section 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. 32852, must be filed with 
the Office of the Secretary, Case Control Branch, Surface 
Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC 
20423. In addition, a copy of each pleading must be served on Keith G. 
O'Brien, Rea, Cross & Auchincloss, 1920 N Street, NW, Suite 420, 
Washington, DC 20026.

    Decided: January 26, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-2078 Filed 1-31-96; 8:45 am]
BILLING CODE 4915-00-P