[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Page 32910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15854]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33602]


Bethlehem Steel Corporation--Control Exemption--Brandywine Valley 
Railroad Corporation and Upper Merion and Plymouth Railroad Company

    Bethlehem Steel Corporation (BSC), a noncarrier, has filed a notice 
of exemption to indirectly control two Class III railroads, Brandywine 
Valley Railroad Corporation (BVRY) and L I Acquisition Corp. (doing 
business as Upper Merion and Plymouth Railroad Company) (UMP),\1\ 
operating in Pennsylvania, that are currently indirectly controlled by 
Lukens, Inc. (Lukens), upon the acquisition by BSC of the stock of 
Lukens.
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    \1\ See Lukens, Inc. and Sponsor's Plan Asset Management, Inc.--
Continuance in Control Exemption--L I Acquisition Corp., Finance 
Docket No. 31587, (ICC served Jan. 22, 1990).
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    BSC currently owns all of the outstanding stock of six Class III 
railroads: Philadelphia, Bethlehem and New England Railroad Company; 
Steelton & Highspire Railroad Company; Cambria & Indiana Railroad 
Company; and Conemaugh & Black Lick Railroad Company, operating in 
Pennsylvania; South Buffalo Railway Company, operating in New York; 
and, Patapsco & Back Rivers Railroad Company, operating in Maryland. 
BSC will control BVRY and UMP in common with its other subsidiary 
railroads through its acquisition of control of BVRY's and UMP's 
corporate parent Lukens.
    BSC intended to acquire control of Lukens on or about May 29, 1998.
    BSC states that: (1) these railroads do not connect with each 
other; (2) the acquisition of control is not part of a series of 
anticipated transactions that would connect the railroads with each 
other or any railroad in its corporate family; and (3) the transaction 
does not involve a Class I rail carrier. 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.
    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. 33602, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on: Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., 213 West 
Miner Street, P. O. Box 796, West Chester, PA 19381-0796.

    Decided: June 9, 1998.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-15854 Filed 6-15-98; 8:45 am]
BILLING CODE 4915-00-P