[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Pages 2106-2107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-217]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34807]


Richard D. Robey--Continuance in Control Exemption--Susquehanna 
Valley Railroad Corporation and Stourbridge Railroad Company

    Richard D. Robey, a noncarrier individual, has filed a verified 
notice of exemption to continue in control of Susquehanna Valley 
Railroad Corporation (SVRC), a newly incorporated holding company, and 
Stourbridge Railroad Company (Stourbridge).
    The transaction was scheduled to be consummated on or after January 
1, 2006.
    At the time of filing, Mr. Robey was the sole shareholder and owner 
of eight Class III railroads: Stourbridge, Juniata Valley Railroad 
Company, Lycoming Valley Railroad Company, Nittany & Bald Eagle 
Railroad Company, North Shore Railroad Company, Wellsboro & Corning 
Railroad Company, Union County Industrial Railroad Company, and 
Shamokin Valley Railroad Company. In a related transaction, SVRC has 
filed a verified notice of exemption to acquire control of all of the 
above Class III railroads, except Stourbridge, which Mr. Robey will 
continue to control directly.
    Mr. Robey states that: (i) The railroads do not connect with each 
other or any railroads 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 other railroad in 
their corporate family; and (iii) The transaction does not involve a 
Class I railroad. 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.

[[Page 2107]]

    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. 34807, 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: Richard R. Wilson, Esq., 127 
Lexington Avenue, Ste. 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-217 Filed 1-11-06; 8:45 am]
BILLING CODE 4915-01-P