Federal Register / Vol. 61, No. 89 / Tuesday, May 7, 1996 / Notices 20551

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

to the Surface Transportation Board (Board). This

notice relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901.

2P&S maintains, and we agree, that this

transaction falls under 49 U.S.C. 10901. Because

P&S, a noncarrier, is acquiring all rail assets of three

separate carriers, it could be argued that the

transaction is subject to 49 U.S.C. 11323(a)(4).

However, although Shawmut, Mountain Laurel and

Red Bank are now separate, substantial corporate

entities, together they comprise the single rail

system of ATWEC. P&S will acquire and commence

operation of the three rail lines simultaneously, and

operate them as a single carrier. As a practical

matter, the only effect of processing this transaction

under section 10901, as opposed to section 11323,

is that the class exemption at 49 CFR 1150.31 is

available for section 10901 transactions involving

the creation of a Class III carrier. Because this

transaction only involves Class III carriers, it is

immaterial, for purposes of employee protective

arrangements, whether the transaction falls under

section 10901 or section 11323. See 49 U.S.C.

10901(c) and 11326(c).

3Red Bank operates, with Shannon Transport,

Inc. (Shannon), its rail lines under a lease and

operating agreement authorized in Finance Docket

No. 31705, Shannon Transport, Inc., and Red Bank

Railroad Company—Acquisition and Operation

Exemption—Consolidated Rail Corporation.

Shannon has indicated that it will provide its

written consent to the assignment of that agreement

to P&S at the closing of the transaction prior to the

commencement of operations by P&S.

4The ICC approved Mountain Laurel’s acquisition

of these lines in Finance Docket No. 31974,

Mountain Laurel Railroad Company—Acquisition

and Operation Exemption—Consolidated Rail

Corporation. By petition filed December 28, 1993,

the Brotherhood of Maintenance of Way Employees

seeks to revoke the exemption. This matter is

pending before the Board, and, as a result, P&S’s

acquisition of Mountain Laurel is subject to final

Board action in Finance Docket No. 31974.

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) [formerly

section 10505(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. 32899, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Ave., N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Robert P. vom Eigen, Esq., Hopkins &

Sutter, 888 16th St., N.W., Washington,

D.C. 20006.

Decided: April 29, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11314 Filed 5–6–96; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 32903]

Pittsburg & Shawmut Railroad, Inc.—

Acquisition and Operation

Exemption—Rail Lines Controlled by

Arthur T. Walker Estate Corporation

(The Pittsburg & Shawmut Railroad

Company, Red Bank Railroad

Company and Mountain Laurel

Railroad Company) [9544]

Pittsburg & Shawmut Railroad, Inc.

(P&S), a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 to acquire and operate all of the

lines of railroad controlled by Arthur T.

Walker Estate Corporation (ATWEC),2

viz., the lines owned by The Pittsburg &

Shawmut Railroad Company

(Shawmut), Mountain Laurel Railroad

Company (Mountain Laurel), and Red

Bank Railroad Company (Red Bank).3

All of the lines to be acquired and

operated by P&S are in the State of

Pennsylvania and are from: (1)

Shawmut, being 96.747 miles of line (a)

between Brockway Yard, Brockway

(milepost 0.0) and Freeport (milepost

88.027), a distance of 88.027 miles, (b)

between milepost 0.98 of the main line

at Snyder Township (a/k/a milepost 0.0)

and the connection with B&P (milepost

0.37), a distance of .37 miles, (c)

between Brookville Yard (milepost

20.89) and the connection with

Mountain Laurel (milepost 0.30), a

distance of .30 miles, (d) between

milepost 24.29 of the main line at Knox

Township (a/k/a milepost 0.0) to the

end of track (milepost 3.65), a distance

of 3.65 miles, (e) between milepost

60.42 of the main line at Madison (a/k/

a milepost 0.0) and the end of track

(milepost 3.12), a distance of 3.12 miles,

and (f) between Milepost 69.86 of the

main line in East Franklin (a/k/a

milepost 0.0) and the connection with

B&P (milepost 1.28), a distance of 1.28

miles; (2) Mountain Laurel,4 being 127.7

miles of line (a) between Lawsonham

(milepost 6.0) and Driftwood (milepost

110.0) a distance of 104 miles, and (b)

between Rose (Brookville) (milepost 0.0)

and Piney (milepost 23.7), a distance of

23.7 miles; and (3) Red Bank’s 12.5

miles of leased line, being (a) between

Lawsonham (milepost 0.0) and Sligo

(milepost 10.5), a distance of 10.5 miles,

and (b) between the end of track

(milepost 4.0) and Lawsonham

(milepost 6.0), a distance of 2.0 miles,

for a total mileage of 236.947.

Consummation was expected to be on

or about April 25, 1996.

This proceeding is related to Genesee

& Wyoming Inc.—Continuance in

Control Exemption—Pittsburg &

Shawmut Railroad, Inc., STB Finance

Docket No. 32904, wherein Genesee &

Wyoming, Inc. has concurrently filed a

petition for exemption to continue in

control of P&S together with the other

railroads in its system after P&S

becomes a Class III rail carrier.

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. 32903, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Eric M. Hocky, Esquire, Gollatz, Griffin

& Ewing, P.C., 213 West Miner Street,

P.O. Box 796, West Chester, PA 19381–

0796.

Decided: May 1, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11316 Filed 5–6–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

Proposed Collection; Comment

Request

AGENCY: Office of the Comptroller of the

Currency (OCC), Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The OCC, as part of its

continuing effort to reduce paperwork

and respondent burden, invites the

general public and other Federal

agencies to take this opportunity to

comment on proposed and/or

continuing information collections, as

required by the Paperwork Reduction

Act of 1995. Currently, the OCC is

soliciting comments concerning an

information collection titled Interpretive

Rulings (12 CFR 7).

DATES: Written comments should be

submitted by June 6, 1996.

ADDRESSES: Direct all written comments

to the Communications Division,

Attention: 1557–0204, Third Floor,

Office of the Comptroller of the

Currency, 250 E Street SW.,

Washington, DC 20219. In addition,

comments may be sent by facsimile

transmission to (202) 874–5274, or by

electronic mail to

REGS.COMMENTS@OCC.TREAS.GOV.