[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Notices]
[Page 2478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-735]



[[Page 2478]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33978]


Summit View, Inc.--Acquisition of Control Exemption--Pittsburgh 
Industrial Railroad, Inc.

    Summit View, Inc. (Summit), a noncarrier holding company, has filed 
a notice of exemption to acquire control, through stock purchase of the 
Pittsburgh Industrial Railroad, Inc. (PIRR), a Class III rail carrier, 
operating in the State of Pennsylvania.\1\ PIRR is a wholly owned 
subsidiary of Railtex, Inc.\2\
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    \1\ See Pittsburgh Industrial Railroad, Inc.--Acquisition and 
Operation Exemption--Consolidated Rail Corporation and the 
Pittsburgh, Chartiers and Youghiogheny Railway Company, STB Finance 
Docket No. 33308 (STB served Dec. 27, 1996).
    \2\ See Railtex, Inc.--Continuance in Control Exemption--
Pittsburgh Industrial Railroad, Inc., STB Finance Docket No. 33309 
(STB served Dec. 27, 1996).
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    The transaction was scheduled to be consummated on or shortly after 
December 19, 2000.
    Summit currently controls seven existing Class III rail carriers: 
Ohio Central Railroad, Inc.; Ohio Southern Railroad, Inc.; Austintown 
Railroad, Inc.; Warren & Trumbull Railroad; Columbus & Ohio River 
Railroad Company, Ohio Pennsylvania Railroad Company, and Youngstown 
Belt Railroad Company.
    Summit states that: (i) The railroads do not connect with each 
other; (ii) the transaction is not part of a series of anticipated 
transactions that would connect the railroads with each other; 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. 33978, 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 all pleadings 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 http://WWW.STB.DOT.GOV.

    Decided: January 4, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-735 Filed 1-10-01; 8:45 am]
BILLING CODE 4915-00-P