[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Pages 11092-11093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4147]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33994]


Summit View, Inc.--Intracorporate Family Exemption--Merger of 
Pittsburgh Industrial Railroad, Inc. Into The Pittsburgh & Ohio River 
Railroad Company

    Summit View, Inc. (Summit), a noncarrier holding company, and its 
wholly owned subsidiaries Pittsburgh Industrial Railroad, Inc. 
(PIRR),\1\ a Delaware Corporation, and The Pittsburgh & Ohio River 
Railroad Company (POHC), have filed a notice of exemption to merge PIRR 
into POHC, with POHC as the surviving corporation. POHC will acquire 
the assets and assume all liabilities and obligations of PIRR.\2\
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    \1\ See Summit View, Inc.--Acquisition of Control Exemption--
Pittsburgh Industrial Railroad, Inc., STB Finance Docket No. 33978 
(STB served Jan. 11, 2001).
    \2\ POHC is a non-operating railroad corporation formed under 
the laws of the State of Ohio. Once PIRR is merged into POHC, PIRR's 
separate corporate existence will cease.
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    The transaction was expected to be consummated on or shortly after 
January 31, 2001. The notice indicates that Summit, POHC, and all other 
carrier subsidiaries of Summit are organized and incorporated under the 
laws of the State of Ohio. Thus, the transaction will simplify Summit's 
tax compliance and will reduce administrative costs by eliminating the 
need to maintain corporate and legal representation in the State of 
Delaware.
    The transaction involves the merger of companies within Summit's 
corporate family. The merger will not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with carriers operating outside the corporate 
family, the transaction qualifies for the class exemption at 49 CFR 
1180.2(d)(3).
    As a condition to the use of this exemption, any employees 
adversely affected by the transaction will be protected by the 
conditions set forth in New York Dock Ry.--Control--Brooklyn Eastern 
Dist., 360 I.C.C. 60, 84-90 (1979).
    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. 33994, must be filed with

[[Page 11093]]

the Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Kelvin J. Dowd, Esq., Slover & 
Loftus, 1224 Seventeenth Street, NW., Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: February 13, 2001.

By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-4147 Filed 2-20-01; 8:45 am]
BILLING CODE 4915-00-P