[Federal Register: February 8, 1999 (Volume 64, Number 25)]
[Notices]               
[Page 6133]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe99-157]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33707]

 
Albany Bridge Company, Inc., Georgia & Florida Railroad Co., 
Inc., and Live Oak, Perry & Georgia Railroad Company, Inc.--Corporate 
Family Transaction Exemption--Gulf & Ohio Railways, Inc.

    Albany Bridge Company, Inc., Georgia & Florida Railroad Co., Inc., 
and Live Oak, Perry & Georgia Railroad Company, Inc. (Railroad 
Companies), and Gulf & Ohio Railways, Inc. (G&O), have jointly filed a 
notice of exemption. The Railroad Companies and G&O are wholly owned by 
Gulf & Ohio Railways Holding Co., Inc. (Holding Company), and the 
Holding Company is wholly owned by H. Peter Claussen and Linda C. 
Claussen.<SUP>1</SUP> The Railroad Companies will be merged into G&O, 
with G&O as the surviving corporation.
---------------------------------------------------------------------------

    \1\ See Abany Bridge Company, Inc., Georgia & Florida Railroad 
Co., Inc., Gulf & Ohio Railways, Inc., Lexington & Ohio Railroad 
Co., Inc,, Live Oak, Perry & Georgia Railroad Company, Inc., 
Piedmont & Atlantic Railroad Co., Inc., Rocky Mount & Western 
Railroad Co., Inc., Wiregrass Central Railroad Company, Inc.--
Corporate Family Transaction Exemption--Gulf & Ohio Railways Holding 
Co., Inc., STB Finance Docket No. 33576 (STB served Apr. 10, 1998).
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or shortly after 
January 21, 1999.
    The proposed merger is intended to consolidate the operations of 
the Railroad Companies and G&O, and to eliminate administrative and 
operating inefficiencies, improve service, and to improve the financial 
viability of the surviving corporation.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family.
    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. 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 notice contains false or misleading information, the 
exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33707, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of all pleadings must be 
served on Jo A. DeRoche, Weiner, Brodsky, Sidman & Kider, P.C., Suite 
800, 1350 New York Avenue, NW., Washington, DC 20005-4797.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: January 29, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-2666 Filed 2-5-99; 8:45 am]
BILLING CODE 4910-00-P