[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Page 66196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27482]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34261]


Summit View, Inc.--Continuance in Control Exemption--Aliquippa & 
Ohio River Railroad Co.

    Summit View, Inc. (Summit), a noncarrier, has filed a verified 
notice of exemption to continue in control of Aliquippa & Ohio River 
Railroad Co. (AORR), upon AORR's becoming a Class III railroad.
    The transaction was scheduled to be consummated on October 10, 
2002, the effective date of the exemption (7 days after the notice was 
filed).
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34260, Aliquippa & Ohio 
River Railroad Co.,--Acquisition and Operation Exemption--Lines in 
Aliquippa, PA, wherein AORR seeks to acquire and operate approximately 
21 miles of rail lines currently owned and operated by Aliquippa & 
Southern Railroad (A&S), in the vicinity of Aliquippa, PA. AORR will 
interchange with CSX Transportation, Inc., at Aliquippa. AORR will 
handle freight traffic for the customers formerly served by A&S, 
without any change in material level or quality of transportation 
service.
    At the time it filed this notice, Summit controlled nine Class III 
railroads: The Columbus & Ohio River Rail Road Company; Ohio Central 
Railroad, Inc.; Mahoning Valley Railway Company; Ohio & Pennsylvania 
Railroad Company; Ohio Southern Railroad, Inc; Youngstown & Austintown 
Railroad, Inc.; Warren & Trumbull Railroad Company; the Youngstown Belt 
Railroad Company; and the Pittsburgh & Ohio Central Railroad Company, 
all operating in the States of Pennsylvania and Ohio.
    AORR states that: (1) The railroads do not connect with each other 
or any railroad in their corporate family; (2) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the ten railroads with each other or any railroad in their 
corporate family; and (3) 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. 34261, 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 Kelvin J. Dowd, Slover & 
Loftus, 1224 Seventeenth Street, NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: October 22, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-27482 Filed 10-29-02; 8:45 am]
BILLING CODE 4915-00-P