[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Notices]
[Page 57153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28500]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34106]


Gulf & Ohio Railways Holding Co., Inc., H. Peter Claussen and 
Linda C. Claussen-Continuance in Control Exemption-Conecuh Valley 
Railroad Co., Inc.

    Gulf & Ohio Railways Holding Co., Inc. (G&O), a noncarrier, and H. 
Peter and Linda C. Claussen (the Claussens), have filed a notice of 
exemption to continue in control of Conecuh Valley Railroad Co., Inc. 
(CV), upon CV's becoming a Class III railroad.
    This transaction was scheduled to be consummated on or after 
October 22, 2001, the effective date of the exemption (7 days after the 
notice was filed).
    The transaction is related to STB Finance Docket No. 34105, Conecuh 
Valley Railroad Co., Inc.-Acquisition and Operation Exemption-Southern 
Alabama Railroad Company, Inc., wherein CV seeks to acquire from 
Southern Alabama Railroad Company Inc., and operate approximately 15.04 
miles of rail line.
    At the time it filed this notice, G&O owned and controlled the 
following other Class III rail carriers: Knoxville & Holston River 
Railroad Co., Inc., which operates in East Tennessee; Laurinburg & 
Southern Railroad Co., Inc., which operates in North Carolina; 
Lexington & Ohio Railroad Co., Inc., which operates in North Central 
Kentucky; Piedmont & Atlantic Railroad, Inc., which operates in 
Northwestern North Carolina under the trade name of Yadkin Valley 
Railroad; Rocky Mount & Western Railroad Co., Inc., which operates in 
Central North Carolina; Wiregrass Central Railroad Company, Inc., which 
operates in Southeast Alabama; and Three Notch Railroad Co., Inc., 
which operates in Alabama. The Claussens, who wholly own G&O, also own 
and control H&S Railroad, Inc., which operates in Southeast Alabama.
    G&O and the Claussens state that CV will not connect with any of 
the affiliates, nor is this transaction part of a series of anticipated 
transactions that would connect CV with any of the affiliates and 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 
statue, 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.
    An original and ten copies of all pleadings referring to STB 
Finance Docket No. 34106, 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 Rose-Michele Weinryb, Weiner Brodsky Sidman Kider PC, 1300 
19th Street, NW., 5th Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 7, 2001.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-28500 Filed 11-13-01; 8:45 am]
BILLING CODE 4915-00-P