Federal Register, Volume 62 Issue 141 (Wednesday, July 23, 1997)

[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Page 39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19374]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33422]


Luxapalila Valley Railroad, Inc.--Trackage Rights Exemption--
Columbus and Greenville Railway Company

    Columbus and Greenville Railway Company (C&G) will agree to grant 
local and overhead trackage rights to Luxapalila Valley Railroad, Inc. 
(LVR) ¹ over approximately 175 miles of track between 
Columbus and Greenville, MS.
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    \1\ Both C&G and LVR are Class III railroads owned by CAGY 
Industries, Inc. (CAGY).
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    The transaction was scheduled to be consummated on the July 14, 
1997 effective date of the exemption. The purpose of the trackage 
rights is to enable CAGY to deploy the resources of its two subsidiary 
railroads more efficiently, by using their respective locomotives and 
crews interchangeably.
    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.
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33422 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Donald G. Avery, Esq., Slover & Loftus, 1224 Seventeenth 
Street, N.W., Washington, DC 20036.

    Decided: July 16, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19374 Filed 7-22-97; 8:45 am]
BILLING CODE 4915-00-P