[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7641]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32465]

 

H. Peter and Linda C. Claussen--Continuance in Control 
Exemption--Rocky Mount & Western Railroad Co., Inc.

    H. Peter and Linda C. Claussen (the Claussens), noncarrier 
individuals, have filed a notice of exemption to continue in control of 
Rocky Mount & Western Railroad Co., Inc. (RMWR), upon RMWR becoming a 
class III rail carrier.
    RMWR, a noncarrier, has concurrently filed a notice of exemption in 
Rocky Mount & Western Railroad Co., Inc.--Acquisition and Operation 
Exemption--L & S Holding Company d/b/a Nash County Railroad 
Corporation, Finance Docket No. 32463, to acquire and operate 
approximately 20 miles of rail line owned by L & S Holding Company d/b/
a Nash County Railroad Corporation (NCRR),1 extending between 
milepost ABA-119.9 at Rocky Mount, and milepost ABA-139.5 near Spring 
Hope, in Nash County, NC.2 The notice became effective on March 3, 
1994.3
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    \1\NCRR is one of four active rail carriers [the other three are 
Laurinburg & Southern Railroad Co., Robeson County Railroad 
Corporation (RCR) and Yadkin Valley Railroad Company] and two 
inactive rail carriers (Saltville Railroad Corporation and Franklin 
County Railroad Corporation) that were recently merged into 
Laurinburg Oil Company (Laurinburg) in a corporate family 
transaction. Laurinburg Oil Company--Merger Exemption--Laurinburg 
and Southern Railroad Company, Robeson County Railroad Corporation, 
Yadkin Valley Railroad Company, and Nash County Railroad 
Corporation, Finance Docket No. 32426 (ICC served Jan. 13, 1994). 
The merger also involved the Red Springs and Northern Railroad 
Company, a division of RCR. After the merger, Laurinburg's name was 
changed to L & S Holding Company (L&S), and the four active 
railroads operated as separate divisions of L&S.
    \2\In two other concurrently filed notices of exemption, the 
Piedmont & Atlantic Railroad Co., Inc. (PARR), another noncarrier 
controlled by the Claussens, is subleasing a nonconnecting rail line 
from L & S Holding Company d/b/a Laurinburg & Southern Railroad Co. 
and Yadkin Valley Railroad Company; and the Claussens 
correspondingly seek to continue in control of PARR when it becomes 
a class III rail carrier. Piedmont & Atlantic Railroad Co., Inc.--
Lease and Operation Exemption--L & S Holding Company d/b/a 
Laurinburg & Southern Railroad Co. and Yadkin Valley Railroad 
Company, Finance Docket No. 32462; and H. Peter and Linda C. 
Claussen--Continuance in Control Exemption--Piedmont & Atlantic 
Railroad Co., Inc., Finance Docket No. 32464.
    \3\Under 49 CFR 1150.32(b), notices of exemption become 
effective 7 days after filing. Here, the effective date is 
calculated from February 24, 1994, when petitioners' additional 
submission was received.
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    The Claussens own and control the following nonconnecting class III 
rail carriers: Albany Bridge Company, Inc. (operating in Georgia); Gulf 
and Ohio Railways, Inc. (operating in Mississippi as the Mississippi 
Delta Railroad and in Georgia as the Atlantic & Gulf Railroad); 
Wiregrass Central Railroad Company, Inc. (operating in Alabama); and H 
& S Railroad Company, Inc. (operating in Alabama).
    The Claussens state that:
    (1) The properties operated by these railroads do not connect with 
each other or with the lines being acquired by PARR and RMWR;
    (2) The continuance in control is not a part of a series of 
anticipated transactions that would connect the railroads with each 
other or with any railroad in the corporate family; and
    (3) The transaction does not involve a class I carrier. Therefore, 
the transaction is exempt from the prior approval requirements of 49 
U.S.C. 11343. See 49 CFR 1180.2(d)(2).
    As a condition to use of this exemption, any employees 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 (1979).
    Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be 
filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: Adam M. Mycyk of Weiner, Brodsky, Sidman & 
Kider, P.C., 1350 New York Avenue, NW., suite 800, Washington, DC 
20005-4797.

    Decided: March 24, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7641 Filed 3-30-94; 8:45 am]
BILLING CODE 7035-01-P