|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|KNOXVILLE & HOLSTON RIVER RAILROAD CO., INC.--ACQUISITION AND OPERATION EXEMPTION--LINES OF NORFOLK SOUTHERN RAILWAY COMPANY|
|Director Of Proceedings|
|NOTICE OF ACQUISITION AND OPERATION EXEMPTION; AND ESTABLISHED A PROCEDURAL SCHEDULE.|
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|Full Text of Decision|
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33588]
Knoxville & Holston River Railroad Co., Inc.--Acquisition and Operation Exemption--Norfolk Southern Railway Company
Knoxville & Holston River Railroad Co., Inc. (KHRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Norfolk Southern Railway Company (NS) and operate 2 lines of track in the State of Tennessee as follows: (1) the North Belt/River Extension, extending from milepost 67.1CG (former) = 0.4RFE, in Knoxville, to the end of the line in Marbledale, a distance of approximately 15.18 miles; and (2) the K&A Belt (formerly the South Knoxville Spur), extending from milepost 0.1, in Knoxville, to the end of the line, also in Knoxville, a distance of approximately 3.8 miles. In addition, KHRR will also acquire incidental overhead trackage rights on 4 segments of NS's trackage in Knoxville as follows: (1) from milepost 0.0C to milepost 3.0C; (2) from milepost 130.0A to milepost 132.4A; (3) from milepost 0.0KA to milepost 1.1KA; and (4) approximately 0.1-mile between NS's K&A Line and its K&A Belt.
The transaction is scheduled to be consummated on or after May 7, 1998.
This transaction is related to STB Finance Docket No. 33589, Gulf & Ohio Railways Holding Co., Inc.--Continuance in Control Exemption--Knoxville & Hoston River Railroad Co., Inc., wherein Gulf & Ohio Railways Holding Co., Inc. has concurrently filed a verified notice to continue in control of KHRR upon its becoming a Class III rail carrier.
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 revoke will not automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB Finance Docket No. 33588, must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.
Board decisions and notices are available on our website at "WWW.STB.DOT.GOV."
Decided: May 6, 1998.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams