[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63746-63747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31559]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33412]


Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. 
Lawrence McCaffrey, Jr., Harold F. Parmly, and Anacostia Rail Holdings 
Company--Continuance in Control Exemption--Pacific Harbor Line, Inc.

    Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. 
Lawrence McCaffrey, Jr., and Harold F. Parmly (Gilbertson, et al.), 
noncarrier individuals, and Anacostia Rail Holdings Company (ARC), a 
noncarrier holding company (collectively Applicants), have filed a 
verified notice of exemption to continue in control of Pacific Harbor 
Line, Inc. (PHL) upon PHL's becoming a Class III rail carrier.
    The transaction was expected to be consummated on or after November 
15, 1997.
    This transaction is related to STB Finance Docket No. 33411, 
Pacific Harbor Line, Inc.--Operation Exemption--Port of Los Angeles, in 
which PHL seeks to acquire operating rights within the City of Los 
Angeles' Port of Los Angeles (POLA) to provide switching service on 
track owned by POLA.
    Applicants own and control two existing Class III common carriers 
by rail: Louisville & Indiana Railroad Company, operating in Southern 
Indiana and Northern Kentucky; and the New York & Atlantic Railway 
Company, operating within the State of New York. With the exception of 
R. Lawrence McCaffrey, Jr., each of Gilbertson, et al. is an officer 
and/or director of the Chicago SouthShore & South Bend Railroad 
Corporation (CSS), a Class III common carrier by rail, operating in 
Northern Illinois and Northern Indiana. In addition, Gilbertson et al. 
are minority shareholders in CSS's corporate general partner SouthShore 
Corporation, a noncarrier.
    Applicants state that: (i) the railroads will not connect with each 
other or any railroad 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

[[Page 63747]]

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. 33412, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Mark H. Sidman, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, NW., Suite 800, Washington, DC 20005-4797.

    Decided: November 24, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-31559 Filed 12-1-97; 8:45 am]
BILLING CODE 4915-00-P