[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Notices]
[Page 7067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2938]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34460]


Eyal Shapira--Continuance in Control Exemption--Pennsylvania & 
Southern Railway, LLC

    Eyal Shapira (Shapira), has filed a verified notice of exemption to 
continue in control of Pennsylvania & Southern Railway, LLC (P&S), upon 
P&S becoming a Class III rail carrier.
    The transaction was expected to be consummated on February 1, 2004.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34461, Pennsylvania & 
Southern Railway, LLC--Operation Exemption--Franklin County General 
Authority. In that proceeding, P&S seeks to operate approximately 25 
miles of track and right-of-way and associated property (occupying 
approximately 1,200 acres of land) located inside the Cumberland Valley 
Business Park and the Letterkenny Army Depot in Chambersburg, PA, which 
is owned by the Franklin County General Authority, a municipal 
authority in the Commonwealth of Pennsylvania.
    Shapira currently controls two Class III rail carriers: New York & 
Eastern Railway LLC and Raritan Central Railway, LLC, operating in 
Dutchess County, NY, and Middlesex County, NJ, respectively.
    Shapira 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 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. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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. 34460, 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 D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 5, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-2938 Filed 2-11-04; 8:45 am]
BILLING CODE 4915-01-P