[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Notices]
[Page 9410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3057]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33996]


Kern W. Schumacher and Morris H. Kulmer--Continuance in Control 
Exemption--SF&L Railway, Inc.

    Kern W. Schumacher and Morris H. Kulmer (collectively applicants), 
have filed a notice of exemption to continue in control of SF&L 
Railway, Inc. (SF&L), upon SF&L's becoming a Class III railroad.
    The transaction was scheduled to be consummated on or shortly after 
January 17, 2001.
    This transaction is related to STB Finance Docket No. 33995, SF&L 
Railway, Inc.--Acquisition and Operation Exemption--Toledo, Peoria and 
Western Railway Corporation Between La Harpe and Peoria, IL, wherein 
SF&L is seeking an exemption to acquire an operating easement over, and 
the rail, ties, and improvements of, a line of railroad approximately 
71.5 miles long in Hancock, McDonough, Fulton and Peoria Counties, IL.
    Applicants currently indirectly control three existing Class III 
railroads: Tulare Valley Railroad Company, which is authorized to 
operate in the State of California; Kern Valley Railroad Company, which 
is authorized to operate in the State of Colorado; and V and S Railway, 
Inc., which is authorized to operate in the State of Kansas.
    Applicants state that: (i) The rail lines of SF&L will not connect 
with any other lines of railroad under their control or within their 
corporate family; (ii) the transaction is not part of a series of 
anticipated transactions that would connect the railroads with each 
other or any railroad in their 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 verified 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.\1\
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    \1\ On January 16, 2001, a petition to stay the effectiveness of 
the exemptions filed in this proceeding and in STB Finance Docket 
No. 33995 was filed by Joseph C. Szabo, on behalf of the United 
Transportation Union-Illinois Legislative Board. The petition for 
stay was denied by the Board in SF&L Railway, Inc.--Acquisition and 
Operation Exemption--Toledo, Peoria and Western Railway Corporation 
Between La Harpe and Peoria, IL, STB Finance Docket No. 33995, and 
Kern W. Schumacher and Morris H. Kulmer--Continuance in Control 
Exemption--SF&L Railway, Inc., STB Finance Docket No. 33996 (STB 
served Jan. 16, 2001).
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33996, 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: January 30, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-3057 Filed 2-6-01; 8:45 am]
BILLING CODE 4915-00-P