[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Notices]
[Page 2952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-956]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33987]


Henry G. Hohorst, Bruce Hohorst, Joan D. Hohorst, and Anthony M. 
Linn--Continuance in Control Exemption--SCTRR, 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 SCTRR, LLC (SCTRR), a limited 
liability company, after it acquires the operating authority on the 
Centerville Branch between Dickson and Hohenwald, TN.
    According to the verified notice of exemption, the parties expected 
SCTRR to purchase the right to operate over the Centerville Branch 
after approval or exemption of that transaction. The earliest the 
transaction could have been consummated was January 2, 2001, the 
effective date of the exemption (7 days after the exemption was filed).
    This transaction is related to STB Finance Docket No. 33986, SCTRR, 
LLC--Operation Exemption--South Central Tennessee Railroad Corp., 
wherein SCTRR will acquire the operating authority on the Centerville 
Branch from the South Central Tennessee Railroad Corp.
    Applicants own a controlling interest in South Central Rail Group, 
Inc., which controls the West Tennessee Railroad Corp., which operates 
the West Tennessee Railroad line in the State of Tennessee, and the IRW 
Railway, LLC, which holds title to the West Tennessee Railroad line. 
Applicants, through South Central Rail Group, Inc., also own a 
controlling interest in the Tennken Railroad Corp., which operates in 
the States of Tennessee and Kentucky. According to applicants, the 
three 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).
    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. 33987, 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, Esq., 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: January 5, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-956 Filed 1-11-01; 8:45 am]
BILLING CODE 4915-00-P