[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68400-68401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27968]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35438]
Eighteen Thirty Group, LLC--Acquisition Exemption--in Allegany
County, MD
Eighteen Thirty Group, LLC (Eighteen Thirty), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to acquire an
8.54-mile line of railroad between milepost BAI 27.0 near Morrison and
milepost BAI 18.46 at the end of the track near Carlos, in Allegany
County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line
as a result of the bankruptcy of James Riffin \1\ through an agreement
with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of
James Riffin.\2\
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\1\ The Board authorized abandonment of the Line in CSX
Transportation, Inc.--Abandonment Exemption--in Allegany County,
Md., Docket No. AB 55 (Sub-No. 659X) (STB served Aug. 25, 2005). By
decision served December 14, 2005, WMS, LLC (WMS) was authorized to
acquire the Line pursuant to the Board's offer of financial
assistance (OFA) provisions at 49 U.S.C. 10904 and 49 CFR 1152.27,
and by decision served August 18, 2006, James Riffin was substituted
as the acquiring entity in lieu of WMS.
\2\ Applicants state that consummation of this transaction is
subject to approval by the bankruptcy court. Consummation is also
subject to a grant of the petition filed in AB 55 (Sub-No. 659X).
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This transaction is related to two simultaneously filed notices of
exemption: (1) Docket No. FD 35437, Georges Creek Railway, LLC--
Operation Exemption--in Allegany County, Md., in which Georges Creek
Railway, LLC (Georges Creek), seeks an exemption under 49 CFR 1150.31
to operate the Line; and (2) Docket No. FD 35436, Duncan Smith and
Gerald Altizer--Continuance in Control Exemption--Eighteen Thirty
Group, LLC and Georges Creek Railway, LLC, in which Duncan Smith and
Gerald Altizer, the owners of Eighteen Thirty and Georges Creek, seek
an exemption to continue in control of Eighteen Thirty and Georges
Creek upon their becoming Class III rail carriers.
This transaction is also related to a petition simultaneously filed
by Eighteen Thirty in Docket No. AB 55 (Sub-No. 659X), CSX
Transportation, Inc.--Abandonment Exemption--in Allegany County, Md.,
seeking an exemption under 49 U.S.C. 10502 from
[[Page 68401]]
the OFA requirements of 49 U.S.C. 10904(f)(4)(A). The latter provision
forbids an entity that has acquired a rail line under the OFA process
from transferring that line to any entity other than the abandoning
rail carrier from which it was originally purchased prior to the end of
the fifth year after consummation of the sale.\3\
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\3\ Eighteen Thirty has attached a letter from CSXT stating that
it issued the deed for the sale of the Line of July 10, 2006, but
that it will not exercise its statutory right to reacquire the Line
and that it waives its rights under the statute.
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Eighteen Thirty states that it intends to consummate this
transaction once the bankruptcy court approves its purchase agreement,
but no sooner than November 18, 2010, the effective date of this
exemption (30 days after the exemption was filed).\4\
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\4\ Eighteen Thirty states that approval by the bankruptcy court
could take up to 60 days.
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Eighteen Thirty certifies that its projected revenues as a result
of this transaction will not result in the creation of a Class II or
Class I rail carrier and will not exceed $5 million annually.
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 November 10,
2010 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to FD 35438,
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 John D. Heffner, John D. Heffner, PLLC, 1750 K Street,
NW., Suite 200, Washington, DC 20006.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: November 1, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27968 Filed 11-4-10; 8:45 am]
BILLING CODE 4915-01-P