Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Notices 5273

1 This notice corrects and supersedes the notice

in this proceeding that was served on January 24,

1997, and published the same date at 62 FR 3735.

1Although final rules in Abandonment and

Discontinuance of Rail Lines and Rail

Transportation under 49 U.S.C. 10903, STB Ex

Parte No. 537 (STB served Dec. 24, 1996) went into

effect on January 23, 1997, this abandonment

application was filed before that date and, therefore,

we have processed the application under the former

regulations and will continue to use them in this

proceeding to process an OFA, if one is filed.

1 See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

Plaza, 45th Floor, 180 North Stetson

Avenue, Chicago, IL 60601.

Decided: January 28, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2696 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33332] 1

Summit View Incorporated—Corporate

Family Exemption—Continuance in

Control of the Youngstown Belt

Railroad Company

Summit View Incorporated (Summit)

has filed a notice of exemption to

continue in control of its subsidiary,

The Youngstown Belt Railroad

Company (YBRR), upon YBRR’s

becoming a Class III rail carrier. The

transaction was to have been

consummated shortly after December

31, 1996, the effective date of the

exemption.

YBRR, a noncarrier, has concurrently

filed a notice of exemption in The

Youngstown Belt Railroad Company—

Lease and Operation Exemption—

Warren & Trumbull Railroad Company,

STB Finance Docket No. 33333, to lease

and operate approximately 12.9 miles of

rail line, together with incidental

trackage rights, owned by another

Summit subsidiary, The Warren and

Trumbull Railroad Company (WTRC);

and (2) to acquire and operate 2.4 miles

of connected rail line owned by CSX

Transportation, Inc. (CSXT) via

simultaneous assignment of WTRC’s

rights under a Track Lease/Operating

Agreement with CSXT, a total of 15.3

miles of rail line, exclusive of the

incidental trackage rights, located in

Mahoning and Trumbull Counties, OH.

Summit controls four other

nonconnecting Class III rail carriers: the

Ohio & Pennsylvania Railroad

Company; the Ohio Central Railroad,

Inc.; the Ohio Southern Railroad, Inc.;

and the Youngstown & Austintown

Railroad, Inc.

Summit has filed its notice of

exemption under 49 CFR 1180.2(d)(3) as

the proposed continuance in control is

a corporate family transaction. Summit

states that: Summit, YBRR and WTRC

are members of the same corporate

family; and that the transactions

involved will not result in any adverse

changes in service levels, significant

operational changes, or a change in the

competitive balance with carriers

outside Summit’s corporate family. The

transaction therefore is exempt from the

prior approval requirements of 49 U.S.C.

11323. See 49 CFR 1180.2(d)(3).

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

railroad carriers. Because this

transaction involves Class III rail

carriers only, the Board, under the

statute, may not impose labor protective

conditions for this transaction.

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. 33332, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423 and served on:

Kelvin J. Dowd, Slover & Loftus, 1224

Seventeenth Street, N.W., Washington,

DC 20036.

Decided: January 29, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2697 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–167 (Sub-No. 1175)]

Consolidated Rail Corporation—

Abandonment—in Huntingdon County,

PA

The Board has issued a certificate

authorizing Consolidated Rail

Corporation (Conrail) to abandon its

1.60-mile Mt. Union Industrial Track,

from milepost 0.0 to milepost 1.60, in

the Borough of Mt. Union, Huntingdon

County, PA. The abandonment was

granted subject to standard employee

protective conditions.

The abandonment certificate will

become effective on March 6, 1997,

unless the Board finds that a financially

responsible person has offered financial

assistance (through subsidy or purchase)

to enable rail service to be continued.

Requests for public use conditions

must be filed with the Board and

Conrail by February 14, 1997.

Any offers of financial assistance

(OFA) must be filed with the Board and

Conrail no later than February 14, 1997.

The following notation must be typed in

bold face on the lower left-hand corner

of the envelope containing the offer:

‘‘Office of Proceedings, AB–OFA.’’ Any

offer previously made must be remade

within this 10-day period.

Information and procedures regarding

financial assistance for continued rail

service are contained in 49 U.S.C. 10904

and former 49 CFR 1152.27.1 Requests

for public use conditions must conform

with former 49 CFR 1152.28(a)(2).

Decided: January 29, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2698 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–227 (Sub-No. 7X)]

Wheeling & Lake Erie Railway

Company—Abandonment Exemption—

in Wyandot County, OH

AGENCY: Surface Transportation Board,

Transportation.

ACTION: Notice of exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts from the prior approval

requirements of 49 U.S.C. 10903 the

abandonment by the Wheeling & Lake

Erie Railway Company of its 2.3-mile

Carey Spur line between milepost 55.3

and milepost 53.0 near Carey, in

Wyandot County, OH, subject to labor

protective conditions and an

environmental condition.

DATES: Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on March 6,

1997. Formal expressions of intent to

file an OFA 1 under 49 CFR

1152.27(c)(2) and requests for interim

trail use/rail banking under 49 CFR

1152.29 must be filed by February 14,

1997; petitions to stay must be filed by

February 19, 1997; requests for a public

use condition under 49 CFR 1152.28

must be filed by February 24, 1997; and

petitions to reopen must be filed by

March 3, 1997.

ADDRESSES: Send pleadings referring to

STB Docket No. AB–227 (Sub-No. 7X):

(1) Office of the Secretary, Case Control
5274 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Notices

1A copy of this list may be obtained by

contacting Ms. Neila Sheahan, Assistant General

Counsel, at 202/619–5030, and the address is Room

700, U.S. Information Agency, 301 4th Street, SW.,

Washington, DC 20547–0001

Branch, Surface Transportation Board,

1201 Constitution Avenue, N.W.,

Washington, DC 20423, and (2) William

C. Sippel, Oppenheimer Wolff &

Donnelly, Two Prudential Plaza, 45th

Floor, 180 North Stetson Avenue,

Chicago, IL 60601.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–5660.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Avenue, N.W.,

Washington, DC 20423. Telephone:

(202) 289–4357/4359. [Assistance for

the hearing impaired is available

through TDD services (202) 927–5721.]

Decided: January 23, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2695 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P

UNITED STATES INFORMATION

AGENCY

Culturally Significant Objects Imported

for Exhibition; Determinations

Notice is hereby given of the

following determinations: Pursuant to

the authority vested in me by the Act of

October 19, 1965 (79 Stat. 985, 22 U.S.C.

2459), Executive Order 12047 of March

27, 1978 (43 F.R. 13359, March 29,

1978), and Delegation Order No. 85–5 of

June 27, 1985 (50 F.R. 27393, July 2,

1985), I hereby determine that the

objects to be included in the exhibit,

‘‘Exiles and Emigres: The Flight of

European Artists from Hitler’’ (See

list 1), imported from abroad for the

temporary exhibition without profit

within the United States, are of cultural

significance. These objects are imported

pursuant to a loan agreement with the

foreign lenders. I also determine that the

exhibition or display of the listed

exhibit objects at The Los Angeles

County Museum of Art from on or about

February 22, 1997, through May 22,

1997, is in the national interest. Public

Notice of these determinations is

ordered to be published in the Federal

Register.

Dated: January 31, 1997.

Les Jin,

General Counsel.

[FR Doc. 97–2827 Filed 1–31–97; 12:01 pm]

BILLING CODE 8230–01–M