[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Page 16251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06782]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36009]


Gulf & Ohio Railways, Inc., H. Peter Claussen and Linda C. 
Claussen--Continuance in Control Exemption--North Carolina & Atlantic 
Railroad Co., Inc.

    Gulf & Ohio Railways, Inc. (G&O), and H. Peter Claussen and Linda 
C. Claussen (the Claussens) (collectively, Applicants) have jointly 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of North Carolina & Atlantic Railroad Co., Inc. 
(NCAR), upon NCAR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in North Carolina & Atlantic Railroad Co., Inc.--Lease & 
Operation Exemption--North Carolina Department of Transportation, 
Docket No. FD 36008, wherein NCAR seeks Board approval under 49 CFR 
1150.31 to lease from the North Carolina Department of Transportation, 
and to operate, approximately 5.7 miles of rail line, referred to as 
the Global Transpark rail corridor, between milepost GTP-0.0 
(connection to the North Carolina Railroad Company track) and milepost 
GTP-5.7 (at the NC Global Transpark) at Kinston, in Lenoir County, NC.
    Applicants expect to consummate the proposed transaction on or 
after April 8, 2016, the effective date of the exemption (30 days after 
the verified notice of exemption was filed).
    According to Applicants, the Claussens own a controlling share of 
voting stock of G&O. G&O, in turn, wholly owns four Class III rail 
carriers operating in three states: (a) Knoxville & Holston River 
Railroad Co., Inc., operating in Tennessee; (b) Lancaster & Chester 
Railroad, LLC, operating in South Carolina; (c) Laurinburg & Southern 
Railroad Co., Inc., operating in North Carolina; and (d) Piedmont & 
Atlantic Railroad Co., Inc., d/b/a Yadkin Valley Railroad, operating in 
North Carolina.
    Applicants certify that: (1) The rail lines to be operated by NCAR 
do not connect with any other railroads operated by the carriers in the 
Applicants' corporate family; (2) the continuance in control is not 
part of a series of anticipated transactions that would connect the 
rail lines to be operated by NCAR with any other railroad in 
Applicants' corporate family; and (3) the transaction does not involve 
a Class I rail 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 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 automatically stay the effectiveness of the exemption. 
Stay petitions must be filed no later than April 1, 2016 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36009, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Applicants' representative, Rose-Michele 
Nardi, Transport Counsel PC, 1701 Pennsylvania Ave. NW., Suite 300, 
Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: March 21, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-06782 Filed 3-24-16; 8:45 am]
 BILLING CODE 4915-01-P