[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Page 47888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18437]



[[Page 47888]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34223]


John C. Nolan--Control Exemption--Penn Eastern Rail Lines, Inc.

    John C. Nolan, a noncarrier individual, has filed a verified notice 
of exemption to acquire control through stock ownership of Penn Eastern 
Rail Lines, Inc. (PRL), a Class III railroad.\1\ Applicant currently 
controls through stock ownership another Class III railroad, East Penn 
Railway, Inc. (EPRY).\2\
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    \1\ PRL is an indirect wholly owned subsidiary of Genesee & 
Wyoming Inc., a noncarrier holding company. PRL currently operates 
in eastern Pennsylvania and interchanges with CSX Transportation 
(CSXT) at Bristol, PA, and with Norfolk Southern Railway Company at 
specified points in Pennsylvania.
    \2\ EPRY operates in eastern Pennsylvania and interchanges with 
CSXT at Telford, PA.
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    The transaction was expected to be consummated on or shortly after 
July 1, 2002, the effective date of the exemption.
    Applicant states that: (i) The railroads will not connect with each 
other; (ii) the acquisition of control 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).\3\
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    \3\ Applicant states that he intends that PRL and EPRY will be 
operated as separate entities.
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    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. 34223, must be filed with the Surface Transportation Board, 
1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on John K. Fiorilla, 390 George Street, 
P.O. Box 1185, New Brunswick, NJ 08903.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: July 15, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-18437 Filed 7-19-02; 8:45 am]
BILLING CODE 4915-00-P