58834 Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Notices

and no changes in employment. See 49 DEPARTMENT OF TRANSPORTATION ANRR previously served, without CFR 1182.2(a)(7). Additional material changes in the level or quality information may be obtained from Surface Transportation Board of transportation service provided. applicant’s representative. [STB Finance Docket No. 34246] Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to On the basis of the application, we relieve a rail carrier of its statutory find that the proposed transaction is K. Earl Durden, Rail Management obligation to protect the interests of its consistent with the public interest and Corporation, and Rail Partners, L.P.— Continuance in Control Exemption— employees. Section 11326(c), however, should be authorized. If any opposing AN Railway, L.L.C. does not provide for labor protection for comments are timely filed, this finding transactions under sections 11324–25 will be deemed vacated and, unless a K. Earl Durden (Durden), Rail that involve only Class III rail carriers. final decision can be made on the record Management Corporation (RMC),1 and Because this transaction involves Class as developed, a procedural schedule Rail Partners, L.P. (Partners) III rail carriers only, the Board, under will be adopted to reconsider the (collectively, applicants), have filed a the statute, may not impose labor application. See 49 CFR 1182.6(c). If no verified notice of exemption to continue protective conditions for this opposing comments are filed by the in control of AN Railway, L.L.C. transaction. expiration of the comment period, this (ANLLC), upon ANLLC’s becoming a If the verified notice contains false or decision will take effect automatically rail carrier. misleading information, the exemption and will be the final Board action. The transaction was expected to be is void ab initio. Petitions to revoke the consummated on or after August 30, Board decisions and notices are exemption under 49 U.S.C. 10502(d) 2002, the effective date of the exemption may be filed at any time. The filing of available on our Web site at: ‘‘http:// (7 days after the notice was filed). www.stb.dot.gov.’’ a petition to revoke will not stay the This transaction is related to STB transaction. This decision will not significantly Finance Docket No. 34247, AN Railway, An original and 10 copies of all affect the quality of the human L.L.C.—Lease and Operation pleadings, referring to STB Finance environment or the conversation of Exemption—Apalachicola Northern Docket No. 34246, must be filed with energy resources. Railroad Company, where ANLLC seeks the Surface Transportation Board, 1925 to lease and operate a rail line from It is ordered: K Street, NW., Washington, DC 20423– Apalachicola Northern Railroad 0001. In addition, a copy of each 1. The proposed acquisition of control Company (ANRR). pleading must be served on: Kelvin J. is approved and authorized, subject to At the time they filed this notice, Dowd, Slover & Loftus, 1224 the filing of opposing comments. Durden, RMC, and Partners controlled Seventeenth Street, NW., Washington, 2. If timely opposing comments are 13 Class III rail carriers located in DC 20036. filed, the findings made in this decision Alabama, Arizona, Arkansas, Florida, Board decisions and notices are will be deemed as having been vacated. Georgia, Kentucky, North Carolina, available on our Web site at Tennessee, Texas, and Wisconsin. They ‘‘www.stb.dot.gov.’’ 3. This decision will be effective on are: Atlantic & Western Railway, L.P.; November 4, 2002, unless timely The Bay Line Railroad, L.L.C.; Copper Decided: September 11, 2002. opposing comments are filed. Basin Railway; East Tennessee Railway, By the Board, David M. Konschnik, 4. A copy of this notice will served L.P.; Galveston Railroad, L.P.; Georgia Director, Office of Proceedings. on: (1) The U.S. Department of Central Railway, L.P.; KWT Railway, Vernon A. Williams, Transportation, Federal Motor Carrier Inc.; Little Rock & Western Railway, Secretary. Safety Administration, 400 7th Street, L.P.; Tomahawk Railway, L.P.; Valdosta [FR Doc. 02–23696 Filed 9–17–02; 8:45 am] SW., Room 8214, Washington, DC Railway, L.P.; Western Kentucky BILLING CODE 4915–00–P 20590; (2) the U.S. Department of Railway, L.L.C.; Wilmington Terminal Justice, Antitrust Division, 10th Street & Railroad, L.P.; and M&B Railroad, L.L.C. DEPARTMENT OF TRANSPORTATION Pennsylvania Avenue, NW., These rail carriers are referred to as the RMC Rail Group. Washington, DC 20530; and (3) the U.S. Applicants state that: (1) The railroads Surface Transportation Board Department of Transportation, Office of do not connect with each other or any [STB Finance Docket No. 34247] the General Counsel, 400 7th Street, railroad in their corporate family; (2) the SW., Washington, DC 20590. continuance in control is not part of a AN Railway, L.L.C.—Lease and Decided: September 9, 2002. series of anticipated transactions that Operation Exemption—Apalachicola By the Board, Chairman Morgan and Vice would connect the 14 railroads with Northern Railroad Company each other or any railroad in their Chairman Burkes. AN Railway, L.L.C. (ANLLC), a Vernon A. Williams, corporate family; and (3) the transaction does not involve a Class I carrier. noncarrier, has filed a verified notice of Secretary. Therefore, the transaction is exempt exemption under 49 CFR 1150.31 to [FR Doc. 02–23469 Filed 9–17–02; 8:45 am] from the prior approval requirements of lease and operate approximately 96 BILLING CODE 4915–00–P 49 U.S.C. 11323. See 49 CFR miles of rail line presently owned by the Apalachicola Northern Railroad 1180.2(d)(2). The purpose of the 1 transaction is to enable ANLLC to Company (ANRR) between milepost 0 benefit from Applicants’ capital support at Port St. Joe, FL, and milepost 96 at and overall management and corporate Chattahoochee, FL. The line to be direction and expertise. ANLLC will 1 ANLLC has reached an operating agreement continue handling freight for customers with ANRR on terms to govern the lease of the Port St. Joe-Chattahoochee line. After consummation of 1 RMC’s former corporate name was Rail the exemption, ANLLC will be the operator of the Management & Consulting Corporation. line.

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