[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Page 41486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19560]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33784]


Penn Virginia Corporation--Continuance in Control Exemption--
Kanawha Rail Corp.

    Penn Virginia Corporation (Penn Virginia) has filed a notice of 
exemption to continue in control of the Kanawha Rail Corp. 
(Kanawha),\1\ upon Kanawha's becoming a Class III railroad.
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    \1\ Kanawha was formerly known as Penn Virginia Resources 
Marketing Corporation.
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    The transaction is scheduled to be consummated on July 29, 1999, 
the effective date of the exemption (7 days after the notice of 
exemption was filed).
    This transaction is related to STB Finance Docket No. 33783, 
Kanawha Rail Corp.--Acquisition and Operation Exemption--Winifrede 
Railroad Company, wherein Kanawha seeks to acquire and operate 
approximately 6.47 miles of rail line together with associated rail 
properties from the Winifrede Railroad Company.
    Penn Virginia indirectly exercises control over the Powell River 
Railroad Company (PRR). PRR is wholly owned by the Powell River 
Railroad Corporation (PRCC). PRCC, in turn, is wholly owned by Penn 
Virginia.
    Penn Virginia states that: (i) the rail line to be operated by 
Kanawha does not connect with the PRR (the only other railroad 
controlled by Penn Virginia); (ii) the transaction is not part of a 
series of anticipated transactions that would connect Kanawha with the 
PRR; 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 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. 33784, 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 Kelvin J. Dowd, Esq., Slover & Loftus, 1224 Seventeenth 
Street, N.W., Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 23, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-19560 Filed 7-29-99; 8:45 am]
BILLING CODE 4915-00-P