[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Page 26248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13129]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
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\1\ The 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 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. 11323-24.
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[STB Finance Docket No. 32901]
H. Peter Claussen and Linda C. Claussen--Continuance in Control
Exemption--Lexington & Ohio Railroad Co., Inc.
H. Peter Claussen and Linda C. Claussen, noncarrier individuals
(Applicants), have filed a notice of exemption to continue in control
of Lexington & Ohio Railroad Co., Inc. (L&O), upon L&O's becoming a
Class III rail carrier.
The transaction was expected to be consummated on or after May 10,
1996.
This proceeding is related to Lexington & Ohio Railroad Co., Inc.--
Acquisition and Operation Exemption--Norfolk Southern Railway Company,
STB Finance Docket No. 32900, wherein L&O seeks to acquire and operate
certain rail lines from the Norfolk Southern Railway Company.
Applicants own and control eight existing Class III common carriers
by rail: Live Oak, Perry & Georgia Railroad Company, Inc., operating in
Florida and Georgia; Georgia & Florida Railroad, Co., Inc., operating
in Florida and Georgia; Albany Bridge Company, operating in Georgia;
Gulf & Ohio Railways, Inc., operating under the trade name of
Mississippi Delta Railroad in Mississippi and under the trade name of
Atlantic & Gulf Railroad in Georgia; Wiregrass Central Railroad
Company, Inc., operating in Alabama; H&S Railroad, Inc., operating in
Alabama; Piedmont & Atlantic Railroad, Inc., operating in North
Carolina; and Rocky Mount & Western Railroad Co., Inc., operating in
North Carolina.
Applicants state that: (i) The railroads will not connect with each
other or any railroad in their corporate family; (ii) the acquisition
of control is not part of a series of anticipated transactions that
would connect the nine railroads with each other or any railroad in
their corporate family; and (iii) the transaction does not involve a
Class I carrier. Therefore, the transaction 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 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 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. 32901, 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 Paul C. Oakley, Weiner, Brodsky, Sidman &
Kider, P.C., Suite 800, 1350 New York Avenue, N.W., Washington, DC
20005-4797.
Decided: May 17, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13129 Filed 5-23-96; 8:45 am]
BILLING CODE 4915-00-P
