[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Page 11940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5366]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34468]


Atlantic Western Transportation, Inc.--Continuance in Control 
Exemption--Georgia Midland Railroad, Inc.

    Atlantic Western Transportation, Inc. (AWT), a noncarrier, has 
filed an amended notice of exemption to continue in control of Georgia 
Midland Railroad, Inc. (GMR), upon GMR's becoming a rail carrier.
    The transaction was expected to be consummated on or after February 
19, 2004 (7 days after the amended notice was filed).
    This transaction is related to the concurrently filed amended 
notices of exemption in: (1) STB Finance Docket No. 34466, Georgia 
Midland Railroad, Inc.--Acquisition and Operation Exemption--Ogeechee 
Railway Company, wherein Ogeechee Railway Company (ORC) seeks to 
sublease to GMR three rail line segments that do not connect with each 
other totaling 78.06 miles; and (2) STB Finance Docket No. 34467, Heart 
of Georgia Railroad, Inc.--Acquisition and Operation--Rail Line of 
Ogeechee Railway Company, wherein ORC seeks to sublease a 42.4-mile 
rail line between Midville and Vidalia, GA, to Heart of Georgia 
Railroad, Inc. (HOG). AWT also currently controls HOG, a Class III rail 
carrier, which operates a rail line between Vidalia, GA, and Mahrt, AL, 
a distance of approximately 177.76 miles.
    AWT states that: (1) The railroads do not connect with each other 
or any railroad in their corporate family; (2) 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 (3) 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 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 10 copies of all pleadings, referring to STB 
Finance Docket No. 34468, 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 Thomas F. McFarland, P.C., 208 
South LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 4, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-5366 Filed 3-11-04; 8:45 am]
BILLING CODE 4915-01-P