[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Notices]
[Page 38454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18336]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34070]


Eyal Shapira--Continuance in Control Exemption--Raritan Central 
Railway, L.L.C.

    Eyal Shapira (Shapira), an individual, has filed a notice of 
exemption to continue in control of Raritan Central Railway, L.L.C. 
(Raritan), upon Raritan's becoming a Class III railroad.
    The transaction is scheduled to be consummated on or shortly after 
August 15, 2001.
    This transaction is related to STB Finance Docket No. 34071, 
Raritan Central Railway, L.L.C.--Lease and Operation Exemption--Federal 
Business Centers, Inc. and Summit Associates, Inc., wherein Raritan 
seeks to lease and operate approximately 14 miles of rail line 
properties, easements and right-of-ways from Federal Centers, Inc. and 
Summit Associates, Inc., in the Townships of Edison and Woodbridge, in 
Middlesex County, NJ.
    At the time it filed this notice, Shapira owned and controlled one 
existing Class III rail carrier: The New York & Ogdensburg Railway 
Company, Inc., operating in the State of New York.
    Shapira states that: (i) The railroads will not connect with each 
other or any other 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 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. 34070, 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 John D. Heffner, REA, CROSS & AUCHINCLOSS, 1707 L Street, 
NW., Suite 570, Washington, DC 20036.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: July 17, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-18336 Filed 7-23-01; 8:45 am]
BILLING CODE 4915-00-P