[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Notices]
[Pages 48047-48048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19780]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33907]


Nashville & Western Railroad Corp.--Operation Exemption--Cheatham 
County Rail Authority

    Nashville & Western Railroad Corp. (N&WRR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to operate a line 
of railroad owned by the Cheatham County Rail Authority (Rail 
Authority). The line extends from Tennessee Central milepost 205.76, at 
Nashville, TN, to Tennessee Central milepost 185, at Ashland City, TN, 
a total distance of approximately 28.0 miles. N&WRR states that it will 
soon enter into agreements with the Central of Tennessee Railway & 
Navigation Company, Inc. (CoTRy) and the Rail Authority wherein N&WRR 
will succeed to the lease rights and obligations of the CoTRy under its 
lease and operating agreement with the Rail Authority. This change in 
operators is exempt under 49 CFR 1150.31(a)(3).\1\
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    \1\ In order to qualify for a change in operators exemption, an 
applicant must give notice to shippers on the line. See 49 CFR 
1150.32(b). To ensure that any shippers are informed of the change 
of operators on the line, N&WRR is directed to provide notice of the 
change to all shippers on the line and to certify to the Board that 
it has done so.
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    According to the verified notice of exemption, the parties intended 
to finalize the transaction by August 1, 2000. This transaction is 
related to STB Finance Docket 33910, William J. Drunsic--Continuance in 
Control Exemption--Nashville & Western Railroad Corp., wherein William 
J. Drunsic has filed a verified notice of exemption to continue in 
control of the N&WRR upon N&WRR's becoming a Class III carrier. While 
the change in operators exemption in STB Finance Docket No. 33907 will 
be effective on July 31, 2000 (7 days after the exemption was filed), 
the exemption in STB Finance Docket No. 33910 will not become effective 
until August 2, 2000 (7 days after the July 26, 2000 filing date of the 
notice for that exemption). Therefore, the change in operators 
transaction may not lawfully be consummated until August 2, 2000, at 
the earliest. Counsel for N&WRR has been contacted by telephone and has 
acknowledged that the transaction may not be consummated until August 
2, 2000.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33907, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on John F. McHugh, McHugh & Barnes, P.C., 20 Exchange Place, New 
York, NY 10005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 28, 2000.


[[Page 48048]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-19780 Filed 8-3-00; 8:45 am]
BILLING CODE 4915-00-P