[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Notices]
[Pages 2215-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-952]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33330]


Union County Industrial Railroad Company; Corporate Family 
Transaction Exemption; West Shore Railroad Corporation

    Union County Industrial Railroad Company (UCIR) and West Shore 
Railroad Corporation (WSRC),\1\ Class III

[[Page 2216]]

railroads, have jointly filed a verified notice of exemption. The 
exempt transaction is a merger of WSRC into UCIR.
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    \1\ UCIR and WSRC are owned and controlled by Richard D. Robey. 
UCIR owns and operates approximately 3.9 miles of rail line in the 
Commonwealth of Pennsylvania, which will be acquired by WSRC in West 
Shore Railroad Corporation--Acquisition Exemption--Union County 
Industrial Railroad Company, STB Finance Docket No. 33329 (STB 
served Jan. 15, 1997). WCRC operates approximately 8.965 miles of 
rail line in the Commonwealth of Pennsylvania.
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    The earliest the transaction could be consummated was December 30, 
1996, the effective date of the exemption (7 days after the exemption 
was filed).
    UCIR will provide continuing rail common carrier service on the 
lines to be acquired by WSRC in STB Finance Docket No. 33329 and those 
previously operated by WSRC. The merger will improve the overall 
efficiency of rail operations and reduce costs associated with two 
corporate entities.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family.
    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 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(d) may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33330, 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 Richard R. Wilson, Esq., Vuono & Gray, 2310 
Grant Building, Pittsburgh, PA 15219.

    Decided: January 6, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-952 Filed 1-14-97; 8:45 am]
BILLING CODE 4915-00-P