[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Page 61271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25783]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35958]


Westmoreland County Industrial Development Corporation--
Acquisition of Control Exemption--Turtle Creek Industrial Railroad, 
Inc.

    Westmoreland County Industrial Development Corporation (WCIDC), a 
Class III rail carrier,\1\ has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(2) to acquire all of the stock of Turtle Creek 
Industrial Railroad, Inc. (TCIR), also a Class III rail carrier.
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    \1\ WCIDC owns a common carrier line of railroad located between 
Scottdale and Greensburg, Pa. The lines are operated by Southwest 
Pennsylvania Railroad Company. See Westmoreland Cty. Indus. Dev. 
Corp.--Acquis. Exemption--Sw. Pa. R.R., FD 32767 (ICC served Nov. 3, 
1995).
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    According to WCIDC, Dura-Bond Corporation (Dura-Bond), a 
noncarrier, currently controls TCIR. WCIDC and Dura-Bond have entered 
into a stock purchase agreement \2\ dated September 26, 2013, by which 
WCIDC will acquire all of TCIR's stock from Dura-Bond. Once that 
transaction is consummated, WCIDC will control TCIR.
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    \2\ A redacted version of the agreement was filed with the 
notice of exemption. An unredacted version was filed concurrently 
under seal, along with a motion for protective order pursuant to 49 
CFR 1104.14(b). That motion will be addressed in a separate 
decision.
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    WCIDC intends to consummate this transaction on or shortly after 
October 25, 2015, the effective date of the exemption.
    WCIDC states that: (i) The rail owned by WCIDC does not connect 
with the rail line owned by TCIR; (ii) the subject acquisition of 
control is not part of a series of anticipated transactions that would 
connect the rail line owned by TCIR with the rail line owned by WCIDC; 
and (iii) neither WCIDC nor TCIR are Class I carriers. 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 effectiveness of the 
exemption. Petitions to stay must be filed no later than October 16, 
2015 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings referring to Docket No. 
FD 35958, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on WCIDC's representative: John N. Ward, Ward & 
Christner, P.C., 15 N. Main Street, Greensburg, PA 15601.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 6, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-25783 Filed 10-8-15; 8:45 am]
BILLING CODE 4915-01-P