[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Page 44508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22317]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33641]


Gulf & Ohio Railways Holding Co., Inc.--Continuance in Control 
Exemption--Laurinburg & Southern Railroad Co., Inc.

    Gulf & Ohio Railways Holding Co., Inc. (GORH), a noncarrier, has 
filed a notice of exemption to continue in control of Laurinburg & 
Southern Railroad Co., Inc. (L&S), upon L&S becoming a Class III 
railroad.
    The transaction was scheduled to be consummated on or shortly 
before July 30, 1998.
    This proceeding is related to STB Finance Docket No. 33640, 
Laurinburg & Southern Railroad Co., Inc.--Acquisition and Operation 
Exemption--Line of L&S Holding Company, wherein L&S seeks to acquire 
and operate a rail line from L&S Holding Company.
    In addition to L&S, GORH controls nine existing Class III 
railroads: Albany Bridge Company, operating in Georgia; Georgia & 
Florida Railroad Co., Inc., operating in Georgia and Florida; Gulf & 
Ohio Railways, Inc., operating in Mississippi and Georgia; Knoxville & 
Holston River Railroad Co., Inc., operating in Tennessee; Lexington & 
Ohio Railroad Co., operating in Kentucky; Live Oak, Perry & Georgia 
Railroad Company, Inc., operating in Georgia and Florida; Piedmont & 
Atlantic Railroad, Inc., operating in North Carolina; Rocky Mount & 
Western Railroad Co., Inc., operating in North Carolina; and Wiregrass 
Central Railroad Company, Inc., operating in Alabama.1
---------------------------------------------------------------------------

    \1\ H. Peter Claussen and Linda C. Claussen, who wholly own GORH 
also own and control H&S Railroad, Inc., which operates in Alabama.
---------------------------------------------------------------------------

    Applicant states that: (i) The railroads do 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 ten 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. 33641 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 Mark H. Sidman, 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: August 12, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-22317 Filed 8-18-98; 8:45 am]
BILLING CODE 4915-00-P