Federal Register, Volume 62 Issue 15 (Thursday, January 23, 1997)

[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3550-3551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1612]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33335]


Reading Blue Mountain and Northern Railroad Company; Corporate 
Family Transaction Exemption; East Mahanoy & Hazleton Railroad Company

    Reading Blue Mountain and Northern Railroad Company (RBMN) and East 
Mahanoy & Hazleton Railroad Company (EMHR),^{1 Class III railroads, 
have jointly filed a verified notice of exemption. The

[[Page 3551]]

exempt transaction is a merger of EMHR into RBMN.
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    \1\ RBMN and EMHR are wholly owned by Andrew M. Muller, Jr. RBMN 
owns and operates approximately 235 miles of rail line in the 
Commonwealth of Pennsylvania. EMHR owns and operates approximately 
10 miles of rail line in the Commonwealth of Pennsylvania. The lines 
of RBMN and EMHR connect through overhead trackage rights over lines 
owned by Consolidated Rail Corporation.
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    The earliest the transaction could be consummated was January 9, 
1997, the effective date of the exemption (7 days after the exemption 
was filed).
    EMHR is currently not handling any traffic. If traffic becomes 
available and operations are resumed on the EMHR lines, RBMN represents 
that it will be able to handle such operations. The merger will reduce 
administrative expenses associated with managing 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. 33335, 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 Eric M. Hocky, Esq., Gollatz, Griffin & 
Ewing, P.C., 213 West Miner Street, P.O. Box 796, West Chester, PA 
19381-0796.

    Decided: January 15, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-1612 Filed 1-22-97; 8:45 am]
BILLING CODE 4915-00-P}