[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Page 27120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12694]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33589]


Gulf & Ohio Railways Holding Co., Inc.--Continuance in Control 
Exemption--Knoxville & Holston River Railroad Co., Inc.

    Gulf & Ohio Railways Holding Co., Inc. has filed a notice of 
exemption to continue in control of the Knoxville & Holston River 
Railroad Co., Inc. (KHRR), upon KHRR's becoming a Class III railroad.
    The transaction is/was scheduled to be consummated on or after May 
7, 1998.
    This transaction is related to STB Finance Docket No. 33588, 
Knoxville & Holston River Railroad Co., Inc.--Acquisition and Operation 
Exemption--Norfolk Southern Railway Company, wherein KHRR seeks to 
acquire and operate 2 lines of track and incidental overhead trackage 
rights from the Norfolk Southern Railway Company.
    Applicant controls eight existing Class III railroads: Albany 
Bridge Company, operating in the State of Georgia; Georgia & Florida 
Railroad Co., Inc., operating in the States of Georgia and Florida; 
Gulf & Ohio Railways, Inc.,1 operating in the State of 
Mississippi and Georgia; Lexington & Ohio Railroad Co., Inc., operating 
in the State of Kentucky; Live Oak, Perry & Georgia Railroad Company, 
Inc., operating in the States of Georgia and Florida; Piedmont & 
Atlantic Railroad, Inc., operating in the State of North Carolina; 
Rocky Mount & Western Railroad Co., Inc., operating in the State of 
North Carolina; and Wiregrass Central Railroad Company, Inc., operating 
in the State of Alabama.
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    \1\ Gulf & Ohio Railways, Inc., operates in the State of 
Mississippi under the trade name of Mississippi Delta Railroad and 
in the State of Georgia under the trade name of Atlantic & Gulf 
Railroad.
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    Applicant states that: (i) the rail lines to be operated by KHRR do 
not connect with any railroad in the corporate family; (ii) the 
transaction is not part of a series of anticipated transactions that 
would connect KHRR's lines with any railroad in the 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. 33589, 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 Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 6, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12694 Filed 5-13-98; 8:45 am]
BILLING CODE 4915-00-P