[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Page 76706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30942]



[[Page 76706]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33965]


Kern W. Schumacher and Morris H. Kulmer--Continuance in Control 
Exemption--V and S Railway, Inc.

    Kern W. Schumacher and Morris H. Kulmer, individuals (collectively 
applicants), have filed a verified notice of exemption to continue in 
control of the V and S Railway, Inc. (V&S), upon V&S's becoming a Class 
III railroad.
    The transaction was scheduled to be consummated on or after 
November 28, 2000.
    This transaction is related to STB Finance Docket No. 33964, V and 
S Railway, Inc.--Acquisition and Operation Exemption--Central Kansas 
Railway, L.L.C., wherein V&S seeks to acquire a line of railroad 
approximately 41 miles long in Harper and Barber Counties, KS.
    Applicants currently indirectly control two existing Class III 
railroads: Tulare Valley Railroad Company, operating in the State of 
California; and Kern Valley Railroad Company, operating in the State of 
Colorado.\1\
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    \1\ Kern Valley Railroad Company's acquisition and operation of 
a line of railroad in Colorado was previously exempted by the Board 
in Kern Valley Railroad Company--Acquisition and Operation 
Exemption--Trinidad Railway, Inc., STB Finance Docket No. 33956 (STB 
served Nov. 21, 2000). That line of railroad is the subject of a 
notice of exemption for abandonment in Trinidad Railway, Inc.--
Abandonment Exemption--in Las Animas County, CO, STB Docket No. AB-
573X (STB served Sept. 21, 2000). On November 28, 2000, the Rails to 
Trails Conservancy filed a petition to revoke the exemption in STB 
Finance Docket No. 33956 and in the alternative a petition to 
dismiss the notice of exemption in STB Docket No. AB-573X.
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    Applicants state that (i) the rail line of V&S will not connect 
with any other lines of railroads under their control or within their 
corporate family, (ii) the transaction is not part of a series of 
transactions that would connect the railroads with each other or any 
railroad in applicants' 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. 33965, 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 Fritz R. Kahn, Esq., 1920 N Street, NW., 8th Floor, 
Washington, DC 20036-1601.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: November 29, 2000.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-30942 Filed 12-6-00; 8:45 am]
BILLING CODE 4915-00-P