[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Notices]
[Page 56361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23633]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33918]


Henry G. Hohorst, Bruce Hohorst, Joan D. Hohorst, and Anthony M. 
Linn--Continuance in Control Exemption--IRW Railway, LLC

    Henry G. Hohorst, Bruce Hohorst, Joan D. Hohorst, and Anthony M. 
Linn, individuals (applicants), have filed a verified notice of 
exemption to continue in control of the IRW Railway, LLC (IRW), a 
limited liability company, after it acquires ownership of the title to 
the lands and track of the West Tennessee Railroad line (line).
    According to the verified notice of exemption, the parties expected 
to purchase the line after approval of the transaction. The earliest 
the exemption could have been consummated was August 30, 2000, the 
effective date of the exemption (7 days after the exemption was 
filed).\1\
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    \1\ Although applicants initially filed their verified notice of 
exemption and filing fee on August 21, 2000, the official filing 
date became August 23, 2000, when applicants filed an amended 
verified notice of exemption.
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    This transaction is related to STB Finance Docket No. 33919, IRW 
Railway LLC--Acquisition Exemption--West Tenneesee Railroad Line, 
wherein IRW will acquire ownership of title to the line from the Gibson 
County Railroad Authority (Authority).
    Applicants own a controlling interest in South Central Rail Group, 
Inc., which owns the West Tennessee Railroad Corp., which currently 
operates the line under a lease and operating agreement with the 
Authority.\2\ Applicants also hold a controlling interest in the 
Tennken Railroad Co., which operates in the States of Tennessee and 
Kentucky. According to applicants, the two railroads do not connect and 
there are no plans to connect them. 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).
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    \2\ The rail operation obligations of Authority will be 
transferred to IRW and West Tennessee Railroad Corp. will continue 
to operate the line.
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    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. 33918, 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: September 8, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-23633 Filed 9-15-00; 8:45 am]
BILLING CODE 4915-00-P