67 FR 240 pgs. 76773-76774 - Martin Marietta Materials, Inc.—Continuance in Control Exemption—Alamo North Texas Railroad Corporation
Type: NOTICEVolume: 67Number: 240Pages: 76773 - 76774
Docket number: [STB Finance Docket No. 34266]
FR document: [FR Doc. 02-31460 Filed 12-12-02; 8:45 am]
Agency: Transportation Department
Sub Agency: Surface Transportation Board
Official PDF Version: PDF Version
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34266]
Martin Marietta Materials, Inc.-Continuance in Control Exemption-Alamo North Texas Railroad Corporation
Martin Marietta Materials, Inc. (MMM), a noncarrier, has filed a verified notice of exemption to continue in control of Alamo North Texas Railroad Corporation (Alamo North) upon Alamo North's becoming a Class III railroad.1
Footnotes:
1 See Alamo North Texas Railroad Corporation-Construction and OperationExemption-Wise County, TX , STB Finance Docket No. 34002 (STB servedSept. 3, 2002 and Nov. 16, 2001).
The transaction was scheduled to be consummated on or afterNovember 20, 2002, the effective date of the exemption (7 days after the notice was filed).
At the time this notice was filed, MMM indirectly controlled two railroads, Fredonia Valley Railroad, Inc., operating in Kentucky, and AlamoGulf Coast Railroad Co., operating in Texas.
MMM states that: (i) The railroads do not connect with each other or any railroad in their corporate family; (ii) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and(iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval of 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 the 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 verified 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 transaction.
An original and ten copies of all pleadings referring to STB FinanceDocket No. 34266, must be filed with the Surface Transportation Board, 1925K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Fritz R. Kahn, P.C., 1920 N Street, NW., 8thFloor, Washington, DC 20036-1601.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: December 6, 2002.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-31460 Filed 12-12-02; 8:45 am]
BILLING CODE 4915-00-P