[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Notices]
[Pages 67936-67937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33856]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33529]


City of Charlotte, North Carolina--Acquisition Exemption--

    Certain Assets of the North Carolina Railroad Company
    The City of Charlotte, NC (the City), a noncarrier, has filed a 
verified notice of exemption under 49 CFR Part 1150, Subpart D--Exempt 
Transactions to acquire from the North Carolina Railroad Company (NCRR) 
certain physical assets of an approximately 1.1-mile line of railroad 
(the Line) located between 2nd Street and 12th Street in Charlotte, 
Mecklenburg County, NC. 1 The City will purchase the Line 
from NCRR for the purpose of constructing and operating a passenger 
rail transit system. The City is acquiring the Line subject to a 
preexisting lease between NCRR and Norfolk Southern Railway Company 
(NS) 2, whereby NS will provide all common carrier service 
on the Line. NCRR will retain an exclusive freight operating easement 
sufficient to accommodate both NS's continuing common carrier 
obligation and NCRR's own residual common carrier obligation. 
Consummation of the transaction is expected on or after December 18, 
1997, the effective date of the exemption.
---------------------------------------------------------------------------

    \1\ The City simultaneously filed a motion to dismiss the notice 
of exemption. The Board will address the jurisdictional issue raised 
by the motion to dismiss in a subsequent decision.
    \2\ The lease was executed in 1895 by NCRR and Southern Railway 
Company (NS's predecessor). See Norfolk Southern Railway Company and 
Atlantic and East Carolina Railroad Company--Lease and Operation 
Exemption--North Carolina Railroad Company, Finance Docket No. 32820 
(ICC served Dec. 22, 1995).
---------------------------------------------------------------------------

    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. A 
petition 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 Finance Docket No. 33529, must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Branch, 
1925 K Street, N.W., Washington, DC 20423-

[[Page 67937]]

0001. In addition, a copy of each pleading must be served on Kevin M. 
Sheys, Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, N.W., 
---------------------------------------------------------------------------
Suite 400, Washington, DC 20036-6105.

    Decided: December 18, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-33856 Filed 12-29-97; 8:45 am]
BILLING CODE 4915-00-P