EMPLOYER STATUS DETERMINATION JUN 0 4 2001

PITTSBURGH INDUSTRIAL RAILROAD, INC.

PITTSBURGH & OHIO CENTRAL RAILROAD COMPANY

This is the determination of the Railroad Retirement Board concerning

the continuing status of Pittsburgh Industrial Railroad, Inc. (PIR), B.A.

No. 2269, as an employer under the Railroad Retirement Act (45 U.S.C. 

§ 231, et sea.) (BRA) and the Railroad Unemployment Insurance Act (45

U.S.C. § 351, et sea.) (RUIA) and the status of Pittsburgh & Ohio

Central Railroad Company (P&OC) as a new employer under the RRA

and RUIA. P&OC has not heretofore been determined to be an

employer under the Acts.

Effective February 9, 2001, PIR merged with and into P&OC. As a 

result of the merger, PIR ceased to exist and P&OC became the

successor and survivor Ohio corporation. Evidence ofthis transaction is

set forth in certificates of merger from the states of Ohio and Delaware.

Authority for this transaction was granted in STB Finance Docket No.

33994, decided February 13, 2001. The purpose of the transaction was

to remove and replace PIR, a Delaware corporation, with P&OC, a 

newly formed Ohio corporation, in order to simplify the tax compliance

and administrative costs of its parent company, Summit View, Inc., a 

non-carrier holding company, because all of Summit’s holdings were

Ohio Corporations except for PIR. P&OC acquired all of PIR’s assets

and liabilities and continued the rail operations of PIR without any

changes.

It is noted that STB Finance Docket No. 33994, cited above, refers to

the merger of PIR and the “Pittsburgh & Ohio River Railroad Company”

(emphasis added), and not to the Pittsburgh & Ohio Central Railroad

Company, P&OC, the subject of this determination. This discrepancy

was brought to the attention of Mr. Michael J. Conner, Vice President of

P&OC. He advised that the substitution of the word “River” in place of

the word “Central” was an error and that he would notify his attorneys

to take corrective action with the Surface Transportation Board. It is

clear from the merger documents from the states of Delaware and Ohio

that the parties thereto referred to P&OC. It is also clear, as evidenced

by the letterhead of Mr. Conner’s letter to the Board on February 9,

2001, the date of the merger, that P&OC is the proper name of this new

employer.

BA# 2276

.1
PITTSBURGH INDUSTRIAL RAILROAD, INC.

PITTSBURGH & OHIO CENTRAL RAILROAD COMPANY

Section 1(a)(1) of the Railroad Retirement Act (45 U.S.C. § 231(a)(1)),

insofar as relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction of the

Surface Transportation Board under Part A ofsubtitle IV of Title

49 [45 U.S.C. §231(a)(l)(i)].

Sections 1(a) and 1(b) ofthe Railroad Unemployment Insurance Act (45

U.S.C. §§ 351(a) and (b)) contain substantially the same definition as

does section 3231 ofthe Railroad Retirement Tax Act (26 U.S.C. §

3231).

In view of the foregoing, it is determined that Pittsburgh Industrial

Railroad, Inc.(a Delaware corporation) ceased to be an employer under

the RRA and RUIA on February 9, 2001, when it merged with and into

Pittsburgh & Ohio Central Railroad (an Ohio corporation). It is also 

determined that Pittsburgh & Ohio Central Railroad Company became

an employer under the RRA and the RUIA on February 9, 2001, the

date it began actual railroad operations in place of PIR.

(jZiutAM*

CherryUFT. Thomas

V. M. Speakman, Jr.