[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