This is the determination of the Railroad
Retirement Board concerning the continued status of the Lake Erie, Franklin & Clarion
Railroad Company (LEF&C) as an employer under the Railroad Retirement Act (45 U.S.C. ’ 231, et seq.) (RRA) and the Railroad
Unemployment Insurance Act (45 U.S.C. ’
351, et seq.)(RUIA). The
LEF&C was ruled to be an employer under the Acts administered by the Board effective
November 10, 1913.
The Interstate Commerce Commission (ICC)
granted LEF&C's petition for exemption to abandon its operations on September 17,
1992(ICC Docket No. AB-375x, decided September 9, 1992). Effective October 20, 1992, the
ICC extended the time for the Mountain Laurel Railroad Company (MNL) to file an offer of
financial assistance (OFA) to November 2, 1992, thereby postponing the effective date of
the abandonment exemption to November 12, 1992 (ICC Docket No. AB-375x, decided October
16, 1992). MNL did not file an OFA, thus freezing the abandonment date at November
12,1992. According to Terry R. Zuckerman, President of the LEF&C, in his letters dated
January 25, 1993 and June 22, 1993, only one or two employees worked in 1993. Mr.
Zuckerman also advised that the last day worked by employees of LEF&C was January 5,
1993, and the operation of track has been abandoned.
In accordance with the information summarized
above, it is the Board's decision that the Lake Erie, Franklin & Clarion Railroad
Company ceased being an employer under the RRA and RUIA as of the close of business on
January 5, 1993, the last day on which it compensated employees.
Glen L. Bower
V. M. Speakman, Jr.
Jerome F. Kever
cCCook:SABartholow:SJShuman:ik
C. 802-96
LEFCRC.cov