[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Notices]
[Page 46018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22205]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 33009]


Richard D. Robey--Continuance in Control Exemption--Juniata 
Valley Railroad Company

    Richard D. Robey (Robey), a noncarrier individual, has filed a 
notice of exemption to continue in control of Juniata Valley Railroad 
Company (Juniata), upon Juniata's becoming a Class III rail carrier. 
Consummation was expected to occur on or after August 15, 1996.
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    \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. 11323-24.
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    Juniata, a noncarrier, has concurrently filed a joint notice of 
exemption in SEDA-COG Joint Rail Authority and Juniata Valley Railroad 
Company--Acquisition and Operation Exemption--Consolidated Rail 
Corporation, STB Finance Docket No. 33008, to operate approximately 
12.3 2 miles of rail line acquired by SEDA-COG Joint Rail 
Authority from Consolidated Rail Corporation known as the Lewistown 
Cluster in Mifflin County, PA.
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    \2\ Counsel has confirmed that the Lewiston Cluster consists of 
a total of approximately 12.3 miles.
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    Robey controls seven other nonconnecting Class III rail carriers: 
3 North Shore Railroad Company; Nittany & Bald Eagle Railroad 
Company, Shamokin Valley Railroad Company; West Shore Railway Services, 
Inc., Stourbridge Railroad Company, Inc., Wellsboro and Corning 
Railroad Company; and Union County Industrial Railroad Company.
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    \3\ Robey has concurrently filed a notice of exemption in 
Richard D. Robey--Continuance in Control Exemption--Lycoming Valley 
Railroad Company, STB Finance Docket No. 33011.
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    Robey states that: (1) Juniata will not connect with any of the 
other railroads in its corporate family; (2) the continuance in control 
is not part of a series of anticipated transactions that would connect 
Juniata with any other railroad in its corporate family; and (3) the 
transaction does not involve a Class I railroad. The transaction 
therefore 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 railroad 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33009, 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: Richard R. Wilson, 
Vuono & Gray, 2310 Grant Building, Pittsburgh, PA 15219.

    Decided: August 22, 1996.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-22205 Filed 8-29-96; 8:45 am]
BILLING CODE 4915-00-P