[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)] [Notices] [Page 37540] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18128] -----------------------------------------------------------------------1 --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION \1\ The ICC Termination Act of 1995, Pub. L. 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. 11323-24. --------------------------------------------------------------------------- [STB Finance Docket No. 32988] Richard J. Corman--Continuance in Control Exemption; R.J. Corman Railroad Company/Allentown Lines, Inc. Richard J. Corman (Corman), a noncarrier, has filed a notice of exemption to continue in control of R.J. Corman Railroad Company/ Allentown Lines, Inc. (RJCN), upon RJCN's becoming a Class III rail carrier. The transaction was expected to be consummated on July 8, 1996. This transaction is related to STB Finance Docket No. 32987, R.J. Corman Railroad Company/Allentown Lines, Inc.--Acquisition and Operation Exemption--Lines of consolidated Rail Corporation, wherein RJCN seeks to acquire and operate certain rail lines from Consolidated Rail Corporation. Corman owns and controls five existing Class III common carriers by rail: R.J. Corman Railroad Company/Pennsylvania Lines, Inc., operating in Pennsylvania; R.J. Corman Railroad Corporation, operating in Kentucky; R.J. Corman Railroad Company/Memphis Line, operating in Tennessee and Kentucky; R.J. Corman Railroad Company/Western Ohio Line, operating in Ohio; and R.J. Corman Railroad Company/Cleveland Line, operating in Ohio. Corman states that: (i) The railroads will not connect with each other or any railroads in their corporate family; (ii) the continuance in control is not part of a series of anticipated transactions that would connect the 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. 32988, must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423. In addition, a copy of each pleading must be served on Kevin M. Sheys, Esq., Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, Suite 400, Washington, DC 20036. Decided: July 11, 1996. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 96-18128 Filed 7-17-96; 8:45 am] BILLING CODE 4915-00-P