[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Notices]
[Page 48048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19782]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33910]


William J. Drunsic--Continuance in Control Exemption--Nashville & 
Western Railroad Corp.

    William J. Drunsic (Drunsic), an individual, has filed a verified 
notice of exemption to continue in control of the Nashville & Western 
Railroad Corp. (N&WRR), upon N&WRR's becoming a Class III railroad.
    According to the verified notice of exemption, the parties expected 
to finalize the transaction by August 1, 2000. The earliest the 
exemption can be consummated is August 2, 2000, the effective date of 
the exemption (7 days after the exemption was filed).\1\
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    \1\ Counsel for Drunsic has been contacted by telephone and has 
acknowledged that the transaction may not be consummated until 
August 2, 2000.
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    This transaction is related to STB Finance Docket No. 33907, 
Nashville & Western Railroad Corp.--Operation Exemption--Cheatham 
County Rail Authority, wherein N&WRR will succeed to the lease rights 
and obligations of the Central of Tennessee Railway & Navigation 
Company under its lease and operating agreement with the Cheatham 
County Rail Authority.
    Drunsic currently controls the Nashville & Eastern Railroad Corp. 
(N&ERR), which operates in the State of Tennessee. According to 
Drunsic, the lines of the N&WRR and N&ERR will not connect, and no 
plans exist to effect such a connection. 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. 33910, 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 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.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-19782 Filed 8-3-00; 8:45 am]
BILLING CODE 4915-00-P