53874 Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices

1Marksman owns 100% of the stock of TPW

Railway.

1Marksman owns 100% of the stock of TPW

Railway.

material without first having it

inspected/retested by a DOT-authorized

retest facility. Filled cylinders (if filled

with an atmospheric gas) described in

this safety advisory should be vented or

otherwise properly and safely evacuated

and purged, and taken to a DOTauthorized cylinder retest facility for

visual reinspection and retest to

determine compliance with the HMR.

Under no circumstances should a

cylinder described in this safety

advisory be filled, refilled or used for

any purpose other than scrap, until it is

reinspected and retested by DOTauthorized retest facility.

It is further recommended that

persons finding or possessing cylinders

described in this safety notice contact

Mr. Chaney, for further information and

instructions.

Issued in Washington, D.C. on October 9,

1997.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 97–27476 Filed 10–15–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33481]

Marksman Corporation; Lease and

Operation Exemption; J.K. Line, Inc.

Marksman Corporation (Marksman), a

noncarrier, has filed a verified notice of

exemption under 49 CFR 1150.31 to

lease from J.K. Line, Inc., and to operate

17 miles of rail line in the State of

Indiana from milepost 183, near

Monterey, to milepost 199, near North

Judson.

This transaction is related to the

notice of exemption filed in STB

Finance Docket No. 33483, The Toledo,

Peoria and Western Railroad

Corporation-Continuance in Control

Exemption-Marksman Corporation, for

The Toledo, Peoria and Western

Railroad Corporation to continue in

control of Marksman (once it becomes a

carrier through consummation of the

transaction in STB Finance Docket No.

33481), in addition to its indirect

control of Toledo, Peoria & Western

Railway Corporation (TPW Railway). 1

Because the exemption in STB Finance

Docket No. 33483 is not scheduled to

become effective until October 14, 1997,

the earliest the transaction in STB

Finance Docket No. 33481 can be

consummated is October 14, 1997.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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. 33481, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Eric M.

Hocky, Esq., Gollatz, Griffin & Ewing,

P.C., 213 West Miner Street, P.O. Box

796, West Chester, PA 19381–0796.

Decided: October 8, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–27485 Filed 10–15–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33482]

Toledo, Peoria & Western Railway

Corporation; Lease and Operation

Exemption; A & R Line, Inc.

Toledo, Peoria & Western Railway

Corporation, a Class III rail common

carrier, has filed a notice of exemption

under 49 CFR 1150.41 to lease from A

& R Line, Inc. and operate 27 miles of

rail line in the State of Indiana from

milepost 0.0, near Winimac, to milepost

74.5, near Logansport.

The earliest the transaction could be

consummated was October 7, 1997, the

effective date of the exemption (7 days

after the exemption was filed).

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 does not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33482, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Eric M.

Hocky, Esq., Gollatz, Griffin & Ewing,

P.C., 213 West Miner Street, P.O. Box

796, West Chester, PA 19381–0796.

Decided: October 8, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–27483 Filed 10–15–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33483]

The Toledo, Peoria and Western

Railroad Corporation; Continuance in

Control Exemption; Marksman

Corporation

The Toledo, Peoria and Western

Railroad Corporation (TPW Railroad)

has filed a notice of exemption to

continue in control of the Marksman

Corporation (Marksman), upon

Marksman’s becoming a Class III

railroad.

The earliest the transaction can be

consummated is October 14, 1997, the

effective date of the exemption (7 days

after the exemption was filed).

This transaction is related to STB

Finance Docket No. 33481, Marksman

Corporation—Lease and Operation

Exemption—J.K. Line, Inc., wherein

Marksman seeks to lease and operate a

rail line from J.K. Line, Inc.

Applicant indirectly controls one

existing Class III railroad subsidiary:

Toledo, Peoria & Western Railway

Corporation (TPW Railway),1 operating

in the States of Indiana, Illinois and

Iowa.

Applicant states that: (i) The rail lines

to be operated by Marksman do not

connect with any railroad in the

corporate family; (ii) the transaction is

not part of a series of anticipated

transactions that would connect

Marksman’s lines with any railroad in

the corporate family; and (iii) 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. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not