32910 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Notices

1See Lukens, Inc. and Sponsor’s Plan Asset

Management, Inc.—Continuance in Control

Exemption—L I Acquisition Corp., Finance Docket

No. 31587, (ICC served Jan. 22, 1990).

1On June 8, 1998, DHC filed a petition for

exemption in STB Finance Docket No. 33595,

Delaware and Hudson Railway Company, Inc.—

Acquisition and Operation Exemption—

Consolidated Rail Corporation, to acquire from

Conrail the trackage over which DHC would then

grant back to Conrail the trackage rights that are the

subject of this notice. That petition will be

addressed by the Board in a separate decision.

2Conrail previously conveyed to the Reading,

Blue Mountain & Northern Railroad (RBMN) all of

its property and operating rights in the vicinity of

Taylor Yard, including the Taylor Secondary,

Keyser Valley Industrial Track, and the trackage

rights to Bridge 60 in Scranton, and has leased to

RBMN all of its rights to the tracks in Taylor Yard

which DHC is acquiring in STB Finance Docket No.

33595. See Reading Blue Mountain & Northern

Railroad Company—Acquisition and Operation

Exemption—Consolidated Rail Corporation, STB

Finance Docket No. 33004 (STB served Aug. 30,

1996). The parties intend that, once DHC receives

Board approval of its exemption in STB Finance

Docket No. 33595 and the trackage rights in this

proceeding become effective, the lease of Conrail’s

rights in Taylor Yard will terminate, and these

trackage rights will be assigned to RBMN.

Advisory Board Liaison, Saint Lawrence

Seaway Development Corporation, 400

Seventh Street, S.W., Washington, D.C.

20590; 202–366–6823.

Any member of the public may

present a written statement to the

Advisory Board at any time.

Issued at Washington, D.C. on June 11,

1998.

Marc C. Owen,

Advisory Board Liaison.

[FR Doc. 98–15944 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–61–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33602]

Bethlehem Steel Corporation—Control

Exemption—Brandywine Valley

Railroad Corporation and Upper

Merion and Plymouth Railroad

Company

Bethlehem Steel Corporation (BSC), a

noncarrier, has filed a notice of

exemption to indirectly control two

Class III railroads, Brandywine Valley

Railroad Corporation (BVRY) and L I

Acquisition Corp. (doing business as

Upper Merion and Plymouth Railroad

Company) (UMP),1 operating in

Pennsylvania, that are currently

indirectly controlled by Lukens, Inc.

(Lukens), upon the acquisition by BSC

of the stock of Lukens.

BSC currently owns all of the

outstanding stock of six Class III

railroads: Philadelphia, Bethlehem and

New England Railroad Company;

Steelton & Highspire Railroad Company;

Cambria & Indiana Railroad Company;

and Conemaugh & Black Lick Railroad

Company, operating in Pennsylvania;

South Buffalo Railway Company,

operating in New York; and, Patapsco &

Back Rivers Railroad Company,

operating in Maryland. BSC will control

BVRY and UMP in common with its

other subsidiary railroads through its

acquisition of control of BVRY’s and

UMP’s corporate parent Lukens.

BSC intended to acquire control of

Lukens on or about May 29, 1998.

BSC states that: (1) these railroads do

not connect with each other; (2) the

acquisition of control is not part of a

series of anticipated transactions that

would connect the railroads with each

other or any railroad in its corporate

family; and (3) the transaction does not

involve a Class I rail carrier. The

transaction therefore 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

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.

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 will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33602, 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, Gollatz, Griffin & Ewing, P.C.,

213 West Miner Street, P. O. Box 796,

West Chester, PA 19381–0796.

Decided: June 9, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–15854 Filed 6–15–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33599]

Consolidated Rail Corporation—

Trackage Rights Exemption—Delaware

and Hudson Railway Company, Inc.

Delaware and Hudson Railway

Company, Inc. (DHC) has agreed to grant

overhead trackage rights to Consolidated

Rail Corporation (Conrail) over certain

railroad trackage, being a portion of the

Taylor Secondary, Keyser Valley

Industrial Track, and Wye Track, in

Lackawanna County, PA, as follows: (1)

the railroad tracks and appurtenant

devices and facilities on the Taylor

Secondary in Taylor Yard between

Railroad Valuation Station Nos. 7762 +

04.5 and 7807 + 97, and on the Keyser

Valley Industrial Track between

Railroad Valuation Station Nos. 7767 +

46.2, 7786 + 32.2 and 7789 + 48,

identified as a portion of Track No. 248

and Track Nos. 249, 696, 697, 698, and

699; and (2) the trackage rights also

include any additional operating rights

needed to make a continuous railroad

route to connect the Taylor Secondary at

Minooka Jct., which runs from Minooka

Jct. to Pittston, with the Keyser Valley

Industrial Track and existing trackage

rights over DHC running between Taylor

Yard and Bridge 60 in Scranton.1

While the exemption in STB Finance

Docket No. 33599 became effective on

June 3, 1998 (7 days after the notice was

filed with the Board), the trackage rights

transaction will not be able to be

consummated until DHC receives Board

approval for the exemption sought in

STB Finance Docket No. 33595 to

acquire the lines over which DHC

would grant trackage rights in this

proceeding.2

The purpose of the trackage rights is

to allow Conrail, or its successor, to

continue to access its customers on the

Keyser Valley Industrial Track, and its

customers and connections reached via

Bridge 60 in Scranton.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33599, must be filed with