[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Notices]
[Pages 22745-22746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9785]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35488]


Three Notch Railway, LLC--Acquisition and Operation Exemption--
Three Notch Railroad Co., Inc.

    Three Notch Railway, LLC (TNRW), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Three Notch 
Railroad Co., Inc. (TNHR) and to operate approximately 34 miles of rail 
line \1\ extending between approximately right-of-way station 22+57 at 
the interchange

[[Page 22746]]

point with CSX Transportation, Inc., in Georgiana, Ala., and milepost 
581.3 at Andalusia, Ala. Additionally, TNRW will be assigned TNHR's 
agreement with Andalusia & Conecuh Railroad Company, which was assigned 
to TNHR by the Alabama & Florida Railway Company, to lease and operate 
a rail line between milepost S428+4706 feet and milepost S425+5170 feet 
in Andalusia.
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    \1\ TNRW is acquiring the line from TNHR as part of a 
transaction whereby newly created noncarrier subsidiaries of 
RailAmerica Transportation Corp., are acquiring the rail assets of 
certain subsidiaries of Gulf & Ohio Railways, Inc.
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    This transaction is related to 3 concurrently filed verified 
notices of exemption, as follows: Docket No. FD 35486, RailAmerica, 
Inc., Palm Beach Holdings, Inc., RailAmerica Transportation Corp., 
RailTex, Inc., Fortress Investment Group, LLC, and RR Acquisition 
Holding, LLC--Continuance in Control Exemption--Conecuh Valley Railway, 
LLC, Three Notch Railway, LLC, and Wiregrass Central Railway, LLC, in 
which RailAmerica and its subsidiaries seek to continue in control of 
TNRW, Conecuh Valley Railway, LLC, and Wiregrass Central Railway, LLC, 
upon those noncarriers' becoming Class III rail carriers; Docket No. FD 
35487, Conecuh Valley Railway, LLC--Acquisition and Operation 
Exemption--Conecuh Valley Railroad Co., Inc., wherein Conecuh Valley 
Railway, LLC seeks to acquire and operate approximately 15.04 miles of 
rail line between milepost 374.96 at or near Troy, and the end of the 
line at approximately milepost 390.00 at or near Goshen, in Pike 
County, Ala.; and Docket No. FD 35489, Wiregrass Central Railway, LLC--
Acquisition and Operation Exemption--Wiregrass Central Railroad 
Company, Inc., wherein Wiregrass Central Railway, LLC seeks to acquire 
and operate approximately 21.2 miles of rail line between milepost 
800.00 at Waterford and milepost 821.2 near Newton, in Coffee and Dale 
Counties, Ala.
    The parties intend to consummate the transaction on or after May 8, 
2011.
    TNRW certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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 effectiveness of the 
exemption. Petitions to stay must be filed no later than April 29, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35488, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Louis E. Gitomer, 600 Baltimore Ave., Suite 
301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 18, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9785 Filed 4-21-11; 8:45 am]
BILLING CODE 4915-01-P