[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Notices]
[Pages 13227-13228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7242]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1

    \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 to the Surface 
Transportation Board (Board). This decision notice relates to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 11323.
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[STB Finance Docket No. 32799]


Economic Development Rail Corporation and Economic Development 
Rail II Corporation--Exemption--Common Control

    Economic Development Rail Corporation (EDRC) and Economic 
Development Rail II Corporation (EDR-II), non-profit quasi-public 
entities, have jointly filed a notice of exemption for common control 
because both entities own active rail lines that are managed by the 
same group of trustees and directors.2 EDRC owns a rail line in 
and around Youngstown, OH, that is operated by the Youngstown and 
Austintown Railroad, and EDR-II owns a rail line in and around Warren, 
OH,

[[Page 13228]]
that is operated by the Warren & Trumbull Railroad Company.

    \2\ Petitioners state that they neglected to file a notice of 
exemption for common control upon EDR-II's reactivating an abandoned 
rail line from CSX Transportation, Inc., in 1993. Petitioners seek 
to correct that omission by filing this notice of exemption. In 
addition, in a filing made by EDR-II in Finance Docket No. 32798 
contemporaneous with the filing of this notice of exemption, EDR-II 
is requesting an exemption under 49 U.S.C. 10502 from the prior 
approval requirements of 49 U.S.C. 10902 for EDR-II to acquire 
certain rail lines in the Warren, OH area from Consolidated Rail 
Corporation (Conrail). The lines to be acquired from Conrail cross, 
but do not connect with lines already owned by EDR-II.
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    Petitioners state that: (1) The rail lines owned by EDRC and EDR-II 
do not physically connect, (2) there are no plans to acquire or operate 
additional rail lines for the purpose of making a connection; 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. 
11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    Petitions to revoke the exemption under 49 U.S.C. 10502(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 
Board and served on: Robert A. Wimbish, Suite 420, 1920 N Street, N.W., 
Washington, D.C. 20036.

    Decided: March 20, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-7242 Filed 3-25-96; 8:45 am]
BILLING CODE 4915-00-P