[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Notices]
[Pages 48660-48661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20589]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34368]


Douglas S. Golden--Acquisition of Control Exemption--Carolina 
Coastal Railway, Inc.

    Douglas S. Golden (Golden), a noncarrier individual, has filed a 
notice of exemption to acquire control, through stock purchase from 
Rail Link, Inc. (Rail Link), of Carolina Coastal Railway, Inc. (CLNA), 
a Class III railroad.\1\
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    \1\ CLNA is an indirect wholly owned subsidiary of noncarrier 
Genesee & Wyoming Inc., which acquired control of CLNA with its 
acquisition of control of noncarrier Rail Link. See Genesee & 
Wyoming Inc.--Control Exemption--Rail Link, Inc., STB Finance Docket 
No. 33291 (STB served Nov. 18, 1996). Golden already controls, 
through stock ownership, Landisville Terminal and Transfer Company, 
a Class III rail carrier.
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    The transaction was scheduled to be consummated on or about July 
21, 2003.
    Golden states that: (i) The railroads he would control will not 
connect; (ii) the transaction is not part of a series of anticipated 
transactions that would connect these railroads with each other

[[Page 48661]]

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. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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 stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34368, 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: John K. Fiorilla, 390 George 
Street, P.O. Box 1185, New Brunswick, NJ 08903.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 7, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-20589 Filed 8-13-03; 8:45 am]
BILLING CODE 4915-00-P