[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Notices]
[Pages 76773-76774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31460]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34266]


Martin Marietta Materials, Inc.--Continuance in Control 
Exemption--Alamo North Texas Railroad Corporation

    Martin Marietta Materials, Inc. (MMM), a noncarrier, has filed a 
verified notice of exemption to continue in control of Alamo North 
Texas Railroad Corporation (Alamo North) upon Alamo North's becoming a 
Class III railroad.\1\
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    \1\ See Alamo North Texas Railroad Corporation--Construction and 
Operation Exemption--Wise County, TX, STB Finance Docket No. 34002 
(STB served Sept. 3, 2002 and Nov. 16, 2001).
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    The transaction was scheduled to be consummated on or after 
November 20, 2002, the effective date of the exemption (7 days after 
the notice was filed).
    At the time this notice was filed, MMM indirectly controlled two 
railroads, Fredonia Valley Railroad, Inc., operating in Kentucky, and 
Alamo Gulf Coast Railroad Co., operating in Texas.
    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 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 
of 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 the 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

[[Page 76774]]

a petition to revoke will not automatically stay the transaction.
    An original and ten copies of all pleadings referring to STB 
Finance Docket No. 34266, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Fritz R. Kahn, P.C., 1920 N 
Street, NW., 8th Floor, Washington, DC 20036-1601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 6, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-31460 Filed 12-12-02; 8:45 am]
BILLING CODE 4915-00-P