[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28638-28639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14086]



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

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32968]


Luxapalila Valley Railroad, Inc.--Acquisition and Operation 
Exemption--Rail Lines of Norfolk Southern Railway Co. and Columbus and 
Greenville Railway Co.

    Luxapalila Valley Railroad, Inc. (LVR), a noncarrier, filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and to 
operate approximately 34.2 miles of connecting, separately owned main 
rail lines in Mississippi and Alabama. The lines to be acquired are 
currently owned by Norfolk Southern Railway Company (NS) and Columbus 
and Greenville Railway Company (C&G).<SUP>2 The trackage lies between 
NS milepost 884.9 at Belk, AL, and NS milepost 919.1 at Columbus, MS. 
NS currently owns and operates the 24.5-mile Alabama portion, lying 
between NS milepost 884.9 at Belk and NS milepost 909.4 at the 
Mississippi-Alabama state line. The 9.7-mile Mississippi portion, lying 
between NS milepost 909.4 and NS milepost 919.1 at Columbus, is owned 
by C&G but has been operated by NS since 1926 under a lease that 
expired in 1995.
---------------------------------------------------------------------------

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10901.
    \2\ LVR and C&G are owned by CAGY Industries, Inc., a noncarrier 
that controls several class III rail carriers. Because CAGY 
Industries owns other carriers, it would require the prior approval 
of this Board under 49 U.S.C. 11323(a)(5) and 11324(d), or exemption 
therefrom under 49 U.S.C. 10502, to continue in control of these 
other carriers when LVR becomes a carrier by its acquisition of the 
line in question. In STB Finance Docket No. 32968 (Sub-No. 1), CAGY 
Industries has filed a petition for exemption to permit such 
continuance in control. Because LVR will connect with another 
carrier controlled by CAGY Industries (C&G), CAGY Industries cannot 
invoke the class exemption at 49 CFR 1180.2(d)(2) for continuance-
in-control transactions. Prior to closure of this transaction and 
pending approval of the exemption sought in the (Sub-No. 1) 
proceeding, LVR's stock will be place into an independent voting 
trust.
---------------------------------------------------------------------------

    The transaction was intended to be consummated shortly after May 
30, 1996.
    If the verified 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. 32968, must be filed with

[[Page 28639]]

the Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Avenue, NW., Washington, DC 20423. In 
addition, a copy of each pleading must be served on Patricia E. 
Kolesar, Esq., Slover & Loftus, 1224 Seventeenth Street, NW., 
Washington, DC. 20036.

    Decided: May 29, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-14086 Filed 6-4-96; 8:45 am]
BILLING CODE 4915-00-P