[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55899-55900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22588]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35176]
Georgia Southwestern Railroad, Inc.--Acquisition Exemption--CSX
Transportation, Inc.
Georgia Southwestern Railroad, Inc. (GSWR), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to acquire by purchase from CSX Transportation, Inc. (CSXT),
[[Page 55900]]
approximately 1.6 miles of rail line, extending from milepost SLC-96.66
to the end of the line, near Lynn, GA, and consisting of Tracks SV 4
(6,875 feet), SV 12 (1,360 feet), and SV 14 (400 feet), in Decatur
County, GA.\1\
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\1\ According to GSWR, since 1989, GSWR and its predecessor,
South Carolina Central Railroad Company, have maintained and
operated the line. See South Carolina Central Railroad Company,
Inc.--Purchase and Lease--CSX Transportation, Inc., Lines in Georgia
and Alabama, Finance Docket No. 31360 (ICC served May 4, 1989). GSWR
also states that it currently leases and operates the line, and,
after the acquisition, will continue to be the operator of the line.
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GSWR certifies that its projected annual revenues as a result of
this transaction will not result in GSWR's becoming a Class II or Class
I rail carrier. Because GSWR's projected annual revenues will exceed $5
million, GSWR is required, at least 60 days before an exemption is to
become effective, to send notice of the transaction to the national and
local offices of the labor unions with employees on the affected lines
and post a copy of the notice at the workplace of the employees on the
affected lines and certify to the Board that it has done so. 49 CFR
1150.42(e).
On September 2, 2008, GSWR certified to the Board that, on August
29, 2008, it posted a notice at the workplace of the employees on the
affected lines, as required under 49 CFR 1150.42(e). GSWR does not
specifically address whether it sent the required notice of the
transaction to the national and local offices of the labor unions with
employees on the affected lines, as also required under section
1150.42(e), but states that no employees working on the affected lines
are members of a labor union. However, concurrently with its notice of
exemption, GSWR filed a petition for waiver of the 60-day advance labor
notice requirement under section 1150.42(e), asserting that no CSXT
employee will be affected by the sale because no CSXT employee has
performed operations or maintenance on the line in nearly 20 years and
that no GSWR employee will be affected because GSWR will continue to
provide the same service and perform the same maintenance as it has for
nearly 20 years. GSWR's waiver request will be handled in a subsequent
decision.
GSWR states that it intends to consummate the transaction on or
shortly after the effective date of this exemption. The Board will
establish in the decision on the waiver request the earliest this
transaction may be consummated.
If the 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. Petitions for stay
must be filed no later than 7 days before the exemption becomes
effective.
Pursuant to the Consolidated Appropriations Act, 2008, Public Law
No. 110-161 Sec. 193, 121 Stat. 1844 (2007), nothing in this decision
authorizes the following activities at any solid waste rail transfer
facility: collecting, storing, or transferring solid waste outside of
its original shipping container; or separating or processing solid
waste (including baling, crushing, compacting, and shredding). The term
``solid waste'' is defined in section 1004 of the Solid Waste Disposal
Act, 42 U.S.C. 6903.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35176, must be filed with the Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Karl Morell, Of Counsel, Ball
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
Board decisions and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: September 19, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-22588 Filed 9-25-08; 8:45 am]
BILLING CODE 4915-01-P