81 FR 59029 - CSX Transportation, Inc.-Corporate Family Merger Exemption-The Three Rivers Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 166 (August 26, 2016)

[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59029-59030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20528]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36056]


CSX Transportation, Inc.--Corporate Family Merger Exemption--The 
Three Rivers Railway Company

    CSX Transportation, Inc. (CSXT) and The Three Rivers Railway 
Company (TRRC) (collectively, Applicants) 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 TRRC.\1\ TRRC is a Class III wholly owned subsidiary of CSXT.
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    \1\ See CSX Transp., Inc.--Continuance in Control Exemption--
Three Rivers Ry., FD 32056 (ICC served Oct. 23, 1992).
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    Under the proposed transaction, TRRC will be merged with and into 
CSXT with CSXT being the surviving corporation. Applicants state that 
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. 
According to Applicants, CSXT will also obtain certain other savings as 
a result of this transaction. Applicants state that the proposed merger 
of TRRC into CSXT does not contain any interchange commitments.
    Unless stayed, the exemption will be effective on September 11, 
2016 (30 days after the verified notice was filed). Applicants state 
that CSXT intends to merge TRRC into CSXT on or after that date.
    This is a transaction within a corporate family of the type 
specifically

[[Page 59030]]

exempted from prior review and approval under 49 CFR 1180.2(d)(3). 
Applicants 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 
Railway--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 exemption. Petitions for stay 
must be filed no later than September 2, 2016 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36056, 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 Louis E. Gitomer, 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 
``WWW.STB.DOT.GOV.''

    Decided: August 23, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2016-20528 Filed 8-25-16; 8:45 am]
 BILLING CODE 4915-01-P