[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47677-47678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19122]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35375]


CSX Transportation, Inc.--Corporate Family Merger Exemption--
Gainesville Midland Railroad Company

    CSX Transportation, Inc. (CSXT) and Gainesville Midland Railroad 
Company (GMRR) have jointly filed a verified notice of exemption under 
49 CFR 1180.2(d)(3) for a corporate family transaction. CSXT is a Class 
I rail carrier that directly controls and operates GMRR.\1\ GMRR is a 
wholly owned subsidiary of CSXT. The transaction involves the merger of 
GMRR with and into CSXT with CSXT being the surviving corporation.
---------------------------------------------------------------------------

    \1\ See CSX Corp.--Control--Chessie and Seaboard C. L. I., 363 
I.C.C. 521 (1980) and Seaboard Air-Line R.R.--Control--Gainesville 
Midland R.R., FD 20296 (ICC decided Mar. 26, 1959), 307 I.C.C. 801, 
803.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after August 
20, 2010. The purpose of the transaction is to simplify the corporate 
structure and reduce overhead costs and duplication by eliminating one 
corporation while retaining the same assets to serve customers. CSXT 
will obtain certain other savings as a result of this transaction.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
any change in the competitive balance with carriers outside the 
corporate family.
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railways.--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 
(1979).
    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 August 13, 2010 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to FD No. 
35375,

[[Page 47678]]

must be filed with the Surface Transportation Board, 395 E Street, NW., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 
600 Baltimore Avenue, Suite 301, Towson, Md. 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

     Decided: July 29, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-19122 Filed 8-3-10; 8:45 am]
BILLING CODE 4915-01-P