[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Page 413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-152]



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

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32811]


Live Oak, Perry & Georgia Railroad Company, Inc.--Acquisition and 
Operation Exemption--Line of Georgia Southern and Florida Railway 
Company and Norfolk Southern Railway Company

    Live Oak, Perry & Georgia Railroad Company, Inc. (LOP&G), a 
noncarrier, has filed a notice of exemption to acquire and operate 
approximately 83.05 miles of rail line from Norfolk Southern Railway 
Company (NS) and its subsidiary, Georgia Southern and Florida Railway 
Company (GS&F), as follows: (1) From milepost GB 1.0 at Adel, GA, to 
milepost 77.3 at Perry, FL, in Cook, Lowndes, and Brooks Counties, GA, 
and Madison and Taylor Counties, FL; and (2) from milepost LO 45.75 at 
Perry, FL, to milepost 39.0 at Foley, FL, in Taylor County, FL. The 
transaction was expected to be consummated on or after December 15, 
1995.
    As part of the agreement between the parties, NS and GS&F will 
acquire incidental trackage rights over a portion of the rail line 
between milepost GB 1.0, at Adel, GA, and milepost GB 3.0 for the 
purpose of serving Weyerhaeuser Corp., and any successors exclusively, 
and serving on a non-exclusive basis industries that subsequently 
locate on that portion of the rail line.
    This proceeding is related to Finance Docket No. 32813, H. Peter 
Claussen and Linda C. Claussen--Continuance in Control Exemption--Live 
Oak, Perry & Georgia Railroad Company, Inc., where H. Peter and Linda 
C. Claussen (the Claussens), noncarrier individuals, have concurrently 
filed a petition for exemption to continue to control LOP&G and seven 
other rail carriers upon LOP&G's becoming a carrier.<SUP>1

    \1\ Although the Claussens will own all of the outstanding stock 
of LOP&G, they have placed this stock in an irrevocable voting trust 
pending Commission action on the petition filed in Finance Docket 
No. 32813. The Claussens now control through stock ownership seven 
other rail common carriers: Georgia & Florida Railroad Co., Inc.; 
Albany Bridge Company; Gulf & Ohio Railways, Inc. (operating under 
the trade names Mississippi Delta Railroad in Mississippi and 
Atlantic & Gulf Railroad in Georgia); Wiregrass Central Railroad 
Company, Inc.; H&S Railroad Company, Inc.; Piedmont & Atlantic 
Railroad Co., Inc.; and Rocky Mount & Western Railroad Co., Inc.
---------------------------------------------------------------------------

    Also concurrently filed, in Finance Docket No. 32812, Georgia & 
Florida Railroad Co., Inc.--Operation Exemption--Live Oak, Perry & 
Georgia Railroad Company, is a notice of exemption where Georgia & 
Florida Railroad Co., Inc. (G&F) seeks an exemption to operate over the 
line to be acquired by LOP&G. LOP&G will retain a residual common 
carrier obligation to provide service over the rail line.
    Any comments must be filed with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission,<SUP>2 1201 Constitution 
Avenue, NW., Washington, DC 20423. A copy of any pleading filed with 
the Commission should be sent to applicant's representative: Mark H. 
Sidman, Suite 800, 1350 New York Avenue, NW., Washington, DC 20005-
4797.

    \2\ Legislation to sunset the Commission on December 31, 1995, 
and transfer remaining functions is now under consideration in 
Congress. Until further notice, parties submitting pleadings should 
continue to use the current name and address.
---------------------------------------------------------------------------

    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.

    Decided: December 19, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-152 Filed 1-4-96; 8:45 am]
BILLING CODE 7035-01-P