[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Notices]
[Page 72141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33182]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33817]


Arkansas Short Line Railroads, Inc.--Continuance in Control 
Exemption--Central Columbiana & Pennsylvania Railway, Inc.; Dardanelle 
& Russellville Railroad, Inc.; and the Ouachita Railroad

    Arkansas Short Line Railroads Inc. (ASR), has filed a notice of 
exemption under 49 CFR 1180.2(d)(2) to continue in control of Central 
Columbiana & Pennsylvania Railway, Inc. (CCPR), upon CCPR's becoming a 
Class III railroad.1 This transaction is related to STB 
Finance Docket No. 33818, Central Columbiana & Pennsylvania Railway, 
Inc.--Lease and Operation Exemption--Columbiana County Port Authority, 
wherein CCPR seeks to lease and operate 35.7 miles of rail 
line.2
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    \1\  ASR controls Dardanelle & Russellville Railroad, Inc. 
(D&RR), and the Ouachita Railroad (Ouachita). It is not clear from 
prior filings with the Interstate Commerce Commission (ICC), the 
Board's predecessor, that appropriate approval was authorized by the 
ICC, of the control by ASR of D&RR and Ouachita. Therefore, to 
ensure that ASR is in compliance with the Board's statutory 
provisions, exemption for ASR's control of D&RR and Ouachita will 
also be covered by this notice.
    \2\  The Board, under 49 U.S.C. 10502, exempted from the prior 
approval requirements of 49 U.S.C. 10903, the abandonment by 
Railroad Ventures, Inc., of the 35.7-mile line extending from 
milepost 0.0 at Youngstown, OH, to milepost 35.7 at Darlington, PA, 
and a connecting 1-mile line segment near Negley, OH, and the 
discontinuance of service over the line by The Ohio & Pennsylvania 
Railroad Company (OHPA). See Railroad Ventures, Inc.--Abandonment 
Exemption--Between Youngstown, OH, and Darlington, PA, in Mahoning 
and Columbiana Counties, OH, and Beaver County, PA, STB Docket No. 
AB-556 (Sub-No. 2X), et al. (STB served Sept. 3, 1999). On November 
8, 1999, Columbiana County Port Authority (CCPA) filed an offer of 
financial assistance (OFA) to purchase the entire line of railroad. 
This proceeding is currently pending. The OFA does not cover a 
connecting 3-mile line segment from milepost 0.0 to milepost -3.0 
between Youngstown and Struthers, OH. Portions of this 3-mile 
segment are apparently owned separately by OHPA, Allied Erecting and 
Dismantling Company, Inc., and Darlington Pipe Company, Inc./
Matteson Equipment. CCPA has a tentative agreement with OHPA 
concerning the portion of the 3-mile segment that OHPA owns and 
intends to negotiate with other property owners to obtain the right 
to operate over their respective portions.
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    ASR states that consummation of the transaction is contingent on 
the approval and acceptance of the OFA filed by CCPA to acquire the 
line that CCPR will operate and that CCPR has agreed to commence 
operations on the line at the earliest possible date after all 
approvals have been acquired and/or granted. The earliest date that the 
transaction could have been consummated was November 30, 1999, the 
effective date of the exemption.3
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    \3\  Under 49 CFR 1150.32(b), notices of exemption become 
effective 7 days after being filed. Here, the effective date is 
calculated from November 23, 1999, when supplemental information was 
filed by CCPR.
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    According to ASR, it is the controlling corporate owner of the 
stock of D&RR and Ouachita and, following consummation of the 
transactions, it will control, through stock ownership and management, 
D&RR, Ouachita, and CCPR. ASR states that: the railroads will not 
connect with one another; the transaction 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 the transaction 
involves only Class III rail carriers. Therefore, the transaction is 
exempt from the prior approval requirements of 49 U.S.C. 11323-25. See 
49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its 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 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. 33817, 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 Richard H. Streeter, 1401 Eye Street, N.W., Suite 500, 
Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 16, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-33182 Filed 12-22-99; 8:45 am]
BILLING CODE 4915-00-P