[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Page 55675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23660]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33924]


Arthur J. Fournier--Continuance in Control Exemption--Sandusky 
River Railroad Company, Inc.

    Arthur J. Fournier (Fournier), an individual, has filed a verified 
notice of exemption to continue in control of the Sandusky River 
Railroad Company, Inc. (SRRC), upon SRRC's becoming a Class III 
railroad.
    The parties report that they intend for the exemption to take 
effect upon expiration of the notice period prescribed by 49 CFR 
1180.4(g)(i). The earliest the transaction can be consummated is 
September 8, 2000, 7 days after the exemption was filed.
    This transaction is related to STB Finance Docket No. 33923, 
Sandusky River Railroad Company, Inc.--Acquisition and Operation 
Exemption--Norfolk Southern Railway Company, wherein SRRC seeks to 
acquire from Norfolk Southern Railway Company and operate an 
approximate 7.47-mile rail line in Freemont, Sandusky County, OH.
    Fournier currently controls one existing Class III railroad: Flats 
Industrial Railroad Company (FIRC), operating in the State of Ohio.
    Fournier states that (i) SRRC does not connect with FIRC, (ii) the 
transaction is not part of a series of transactions that would connect 
SRRC with FIRC, 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. 33924, 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 Kelvin J. Dowd, Esq., Slover & Loftus, 1224 Seventeenth 
Street, NW., Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: September 7, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-23660 Filed 9-13-00; 8:45 am]
BILLING CODE 4915-00-P