[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11521-11522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6034]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33330] <SUP>1


Union County Industrial Railroad Company--Corporate Family 
Transaction Exemption--West Shore Railway Services, Inc.

    Union County Industrial Railroad Company (UCIR) and West Shore 
Railway Services, Inc. (West Shore),<SUP>2 Class III railroads, have 
jointly filed a verified notice of exemption. The exempt transaction is 
a merger of West Shore into UCIR.
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    \1\  This notice corrects and supersedes the notice in this 
proceeding that was served on January 15, 1997, and published the 
same date at 62 FR 2215.
    \2\  UCIR and West Shore are owned and controlled by Richard D. 
Robey.
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    The earliest the transaction could be consummated was December 30, 
1996, the effective date of the exemption (7 days after the exemption 
was filed).
    UCIR will provide continuing rail common carrier service on the 
lines to be acquired by West Shore Railroad Corporation (WSRC) in STB 
Finance Docket No. 33329 <SUP>3 and approximately 8.965 miles 
previously operated by West Shore in the Commonwealth of Pennsylania. 
The merger will improve the overall efficiency of rail operations and 
reduce costs associated with two corporate entities.
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    \3\  UCIR owns and operates approximately 3.9 miles of rail line 
in the Commonwealth of Pennsylvania, which will be acquired by WSRC 
in West Shore Railroad Corporation--Acquisition Exemption--Union 
County Industrial Railroad Company, STB Finance Docket No. 33329 
(STB served Jan. 15, 1997).
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    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction

[[Page 11522]]

will not result in adverse changes in service levels, significant 
operational changes, or a change in the competitive balance with 
carriers outside the corporate family.
    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 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 reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33330, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1925 K Street, 
N.W., Washington, DC 20423-0001. In addition, a copy of each pleading 
must be served on Richard R. Wilson, Esq., Vuono & Gray, 2310 Grant 
Building, Pittsburgh, PA 15219.

    Decided: March 4, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-6034 Filed 3-11-7; 8:45 am]
BILLING CODE 4915-00-P