[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Notices]
[Pages 43298-43299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20513]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34073]


Henry G. Hohorst, Bruce Hohorst, and Anthony M. Linn and The West 
Tennessee Railroad, LLC--Corporate Family Transaction Exemption

    Henry G. Hohorst, Bruce Hohorst, and Anthony M. Linn, individuals 
(applicants), have filed a verified notice of exemption to continue in 
control of The West Tennessee Railroad, LLC (WTNN), a New Jersey 
limited liability company, upon its succeeding to the operating rights 
and responsibilities of West Tennessee Railroad Corp. (WTRC) and its 
leasing a line of railroad from Norfolk Southern Railway Company (NSR).
    The transaction was scheduled to be consummated on or after August 
1, 2001.
    This transaction is related to STB Finance Docket No. 34039, The 
West

[[Page 43299]]

Tennessee Railroad, LLC--Lease and Operation Exemption--Norfolk 
Southern Railway Company, wherein WTNN seeks to lease and operate an 
approximately 140.1-mile line of railroad between Fulton, KY, and 
Corinth, MS, currently owned and operated by NSR.
    Applicants own South Central Rail Group, Inc., which, in turn, owns 
WTRC \1\ and a controlling interest in the Tennken Railroad Co. 
Applicants also own rail carriers SCTRR, LLC and IRW Railway, LLC.
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    \1\ WTNN is a restructured WTRC, a Tennessee corporation. WTNN 
has the same owners, address, representatives, and officers as WTRC, 
STRC operates a line from Lawrence, TN, to Kenton, TN, under a 
lease-operating agreement.
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    This is a transaction within a corporate family that will not 
result in adverse changes in service levels, significant operational 
changes, or a change in the competitive balance with carriers outside 
the corporate family. Therefore, the transaction is exempt from the 
prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(3).
    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. 34073, 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: August 9, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-20513 Filed 8-16-01; 8:45 am]
BILLING CODE 4915-00-P