[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Pages 55956-55957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19025]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34748]


Morehead & South Fork Railroad Co., Inc.--Acquisition and 
Operation Exemption--Carolina Rail Service, LLC

    Morehead & South Fork Railroad Co., Inc. (MHSF), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from Carolina Rail Service, LLC (CRS), and operate CRS's exclusive 
freight easement over all railroad tracks at the Port of Morehead City, 
NC.\1\ The tracks are owned by North Carolina State Ports Authority 
(SPA).\2\ MHSF will operate over the rail property pursuant to an 
operating agreement with SPA.
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    \1\ The transaction includes approximately 0.87 miles of rail 
line in Carteret County, NC, from approximately milepost 0.0 (in or 
near Morehead City) to approximately milepost 0.87 at Gallants 
Channel (in or near Morehead City), serving the intermediate 
stations of Marsh Island and Radio Island, as well as all spur 
tracks, yard tracks, side tracks, interchange tracks and industrial 
tracks located on the Port. The transaction also includes 
approximately 4 miles of intra-terminal track.
    \2\ The Board previously determined that SPA's acquisition of 
the subject line did not require Board action and it declined to 
exercise jurisdiction over the transaction. See North Carolina State 
Ports Authority--Acquisition Exemption--North Carolina Ports Railway 
Commission, STB Finance Docket No. 34258 (STB served Oct. 31, 2002).
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    This transaction is related to STB Finance Docket No. 34749, Gulf & 
Ohio Railways Holding Co., Inc., H. Peter Claussen and Linda C. 
Claussen--Continuance in Control Exemption--Morehead & South Fork 
Railroad Co., Inc., wherein Gulf & Ohio Railways Holding Co., Inc. 
(G&O), and H. Peter Claussen and Linda C. Claussen, all noncarriers, 
have concurrently filed a verified notice of exemption to continue in 
control of MHSF, upon its becoming a Class III rail carrier.\3\
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    \3\ MHSF is wholly owned by G&O, which controls several Class 
III rail carriers; G&O, in turn, is wholly owned by H. Peter 
Claussen and Linda C. Claussen. The Claussens also own and control 
H&S Railroad, Inc., a Class III rail carrier.
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    MHSF certifies that the projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier, and further certifies that its projected annual 
revenues will not exceed $5 million. The transaction was scheduled to 
be consummated on or after September 1, 2005.
    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. 34748, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Rose-Michele Nardi, Weiner 
Brodsky Sidman Kider PC, 1300 19th St., NW., Fifth Floor, Washington, 
DC 20036-1609.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 55957]]


    Decided: September 16, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-19025 Filed 9-22-05; 8:45 am]
BILLING CODE 4915-01-P