[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Page 3735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1746]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33332]


Summit View Incorporated--Continuance in Control Exemption--The 
Youngstown Belt Railroad Company

    Summit View Incorporated (Summit) has filed a notice of exemption 
to continue in control of The Youngstown Belt Railroad Company (YBRR), 
upon YBRR's becoming a Class III rail carrier. The transaction was to 
have been consummated shortly after December 31, 1996, the effective 
date of the exemption.
    YBRR, a noncarrier, has concurrently filed a notice of exemption in 
The Youngstown Belt Railroad Company--Lease and Operation Exemption--
Warren & Trumbull Railroad Company, STB Finance Docket No. 33333, to 
lease and operate approximately 12.9 miles of rail line, together with 
incidental trackage rights, owned by The Warren and Trumbull Railroad 
Company (WTRC); and (2) to acquire and operate 2.4 miles of connected 
rail line owned by CSX Transportation, Inc. (CSXT) via simultaneous 
assignment of WTRC's rights under a Track Lease/Operating Agreement 
with CSXT, a total of 15.3 miles of rail line, exclusive of the 
incidental trackage rights, located in Mahoning and Trumbull Counties, 
OH.
    Summit controls four other nonconnecting Class III rail carriers: 
the Ohio & Pennsylvania Railroad Company; the Ohio Central Railroad, 
Inc.; the Ohio Southern Railroad, Inc.; and the Youngstown & Austintown 
Railroad, Inc.
    Summit states that: (1) YBRR will not connect with SKO; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect the railroads; 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. 33332, 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: Kelvin J. Dowd, 
Slover & Loftus, 1224 Seventeenth Street, N.W., Washington, DC 20036.

    Decided: January 16, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-1746 Filed 1-23-97; 8:45 am]
BILLING CODE 4915-00-P