[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Notices]
[Page 3932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2036]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34163]


Martin Marietta Materials, Inc.--Continuance in Control 
Exemption--Fredonia Valley Railroad, Inc.

    Martin Marietta Materials, Inc. (MMM), a noncarrier, has filed a 
verified notice of exemption to continue in control of Fredonia Valley 
Railroad, Inc. (FVRR) upon FVRR's becoming a rail carrier. MMM 
previously controlled Alamo Gulf Coast Railroad Company (AGCRC).\1\ 
FVRR owns and operates approximately 9.65 miles of railroad line 
between milepost 87.60 near Fredonia and milepost 97.25 near Princeton 
in Caldwell County, KY; and AGCRC leases and operates a rail line from 
milepost 252 to milepost 257, near Beckmann Station, in Bexar County, 
TX.
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    \1\ See Fredonia Valley Railroad, Inc.--Acquisition and 
Operation Exemption--in Caldwell County, KY, STB Finance Docket No. 
33695 (STB served Jan. 6, 1999); and Alamo Gulf Coast Railroad 
Company--Lease and Operation Exemption--Certain Lines of Southern 
Pacific Transportation Company, Finance Docket No. 32855 (STB served 
Jan. 26, 1996).
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    FVRR became a carrier on or about December 17, 1998. Due to an 
apparent oversight, MMM did not file its verified notice of exemption 
with the Board until December 28, 2001. Thus, the effective date of the 
exemption is January 4, 2002 (7 days after the exemption was filed).\2\
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    \2\ The class exemption invoked by MMM does not provide for 
retroactive effectiveness.
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    MMM states that: (i) the railroads do not connect with each other 
or any railroad in their corporate family; (ii) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the two 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 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. 34163, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Fritz R. Kahn, P.C., 1920 N Street, N.W. 8th Floor, 
Washington, DC 20036-1601.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: January 22, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-2036 Filed 1-25-02; 8:45 am]
BILLING CODE 4915-00-P