[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Notices]
[Page 15161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8292]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board1

    \1\  The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This 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. 32884]


John C. Nolan--Continuance in Control Exemption--Chester Valley 
Railway, Inc.

    John C. Nolan (Nolan), a noncarrier, has filed a notice of 
exemption to acquire control of the Chester Valley Railway, Inc. (CVR) 
through ownership of 100% of its stock, upon CVR's becoming a Class III 
rail carrier.
    This proceeding is related to Chester Valley Railway, Inc.--
Acquisition and Operation Exemption--Consolidated Rail Corporation, STB 
Finance Docket No. 32883, wherein CVR seeks to acquire and operate 
certain rail lines from the Consolidated Rail Corporation.
    Nolan controls, through stock ownership, three existing Class III 
rail carriers all of which are operating in Pennsylvania: Lancaster 
Northern Railway; Bristol Industrial Terminal Railway; and East Penn 
Railway.
    Nolan states that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) the acquisition 
of control is not part of a series of anticipated transactions that 
would connect the four railroads with each other or any railroad in 
their corporate family; and (iii) 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.
    If the notice contains false or misleading information, the 
exemption is void ab initio. 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32884, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: John K. Fiorilla, 
Esq., Watson, Stevens, Fiorilla & Rutter, 390 George Street, P.O. Box 
1185, New Brunswick, NJ 08903.

    Decided: March 29, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8292 Filed 4-3-96; 8:45 am]
BILLING CODE 4915-00-P