Maryland Midland Railway, Inc.-Acquisition and Operation Exemption-Certain Assets of the Maryland Transit Administration, 64702-64703 [E7-22436]
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64702
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35098]
Genesee & Wyoming Inc.—Control
Exemption—Maryland Midland
Railway, Inc.
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Genesee & Wyoming Inc. (GWI), a
noncarrier, has filed a verified notice of
exemption 1 to permit GWI to acquire
indirect control of Maryland Midland
Railway, Inc. (MMID), upon
consummation of a merger agreement
between GWI, MMID Holding Inc.
(MMID Holding), MMID Acquisition
Sub Inc. (MMID–ASI), and MMID.2
Pursuant to the merger agreement,
MMID–ASI will merge with MMID and
the surviving corporation will continue
as MMID. MMID’s sole shareholder will
be MMID Holding and GWI will own a
majority of shares of MMID Holding.
Accordingly, MMID Holding will have
direct control and GWI will have
indirect control over MMID.3
GWI is a noncarrier holding company
that directly or indirectly controls one
Class II carrier and 24 Class III carriers,
as well as additional carriers with two
of its wholly owned subsidiaries that are
noncarrier holding companies (RP
Acquisition Company One and RP
Acquisition Company Two).4 MMID is a
Class III rail carrier that owns lines of
railroad located: Between approximately
milepost 69.7 at or near Highfield, MD,
and approximately milepost 19.9 at or
near Emory Grove, MD; and between
approximately milepost 60.1 at or near
Walkersville, MD, and approximately
milepost 39.6 at or near Littlestown,
PA.5
1 The notice was initially filed on October 22,
2007. On October 29, 2007, a petition to reject the
notice was filed by Patriot Rail Corp. (Patriot). On
November 2, 2007, a response to Patriot’s petition
was filed by GWI (November 2 filing). Because the
notice was supplemented by the November 2 filing,
that date will be considered the filing date.
2 The full version of the merger agreement, as
required by 49 CFR 1180.6(a)(7)(ii), was
concurrently filed under seal along with a motion
for protective order. A decision granting GWI’s
motion for protective order was issued on
November 9, 2007.
3 According to GWI, MMID Holding is not listed
as an applicant in the verified notice of exemption
because MMID Holding will obtain control of only
one rail carrier (MMID) following consummation of
the proposed merger transaction and therefore does
not need to obtain an exemption under 49 U.S.C.
11323.
4 The members of the GWI family of railroads
own and/or operate rail property located in
Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Kentucky, Louisiana, Maine, Mississippi,
New Hampshire, New York, North Carolina,
Oregon, Pennsylvania, Tennessee, Texas, Utah,
Vermont, Virginia, and Wisconsin.
5 Concurrent with this notice, MMID is seeking
authority to acquire and operate three rail lines
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21:48 Nov 15, 2007
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The transaction is scheduled to be
consummated on or after the date that
exemption covered by this notice
becomes effective (which will occur on
December 2, 2007).
Applicants state that: (i) The rail lines
involved in this transaction do not
connect with any rail lines now
controlled, directly or indirectly, by
GWI; (ii) this transaction is not part of
a series of anticipated transactions that
would connect any of these rail lines
with each other; and (iii) this
transaction does not involve a Class I
carrier.6 Therefore, this transaction is
exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2).
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. Because the transaction
involves at least one Class II and one or
more Class III rail carriers, the
exemption is subject to the labor
protection requirements of 49 U.S.C.
11326(b).
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 for stay must
be filed no later than November 23,
2007 (at least 7 days before the
exemption becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35098, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Kevin M.
Sheys, Kirkpatrick & Lockhart Preston
Gates Ellis LLP, 1601 K Street, NW.,
Washington, DC 20006.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35099]
Maryland Midland Railway, Inc.—
Acquisition and Operation
Exemption—Certain Assets of the
Maryland Transit Administration
BILLING CODE 4915–01–P
Maryland Midland Railway, Inc.
(MMID), a Class III rail carrier, has filed
a verified notice of exemption under 49
CFR 1150.41 to acquire, by purchase
from the State of Maryland, acting by
and through the Maryland Transit
Administration (MTA), two active rail
lines, totaling approximately 28 miles.
The two active lines extend from
milepost 32.6 at or near Westminster,
MD, to milepost 24.3 at or near
Cedarhurst, MD, and milepost 60.1 at or
near Walkersville, MD, to milepost 39.6
at or near Littlestown, PA. In its notice,
MMID also seeks to acquire, by
purchase from the State of Maryland,
acting by and through MTA, and operate
approximately 6 miles of inactive rail
line. The inactive line extends from
milepost 45.1 at Taneytown, MD, to
milepost 39.6 at Littlestown.
This transaction is related to the
concurrently filed notice of exemption
in STB Finance Docket No. 35098,
Genesee & Wyoming Inc.—Control
Exemption—Maryland Midland
Railway, Inc. (FD 35098), wherein
Genesee & Wyoming Inc. (GWI), seeks to
acquire indirect control of MMID.1
Based on projected revenues for the
lines being acquired, MMID expects to
remain a Class III rail carrier after
consummation of the proposed
transaction. MMID certifies that its
projected annual revenues as a result of
this transaction will not result in the
creation of a Class II or Class I rail
carrier.
MMID states that, due to an
inadvertent error, it already has
acquired the lines from MTA, pursuant
to a purchase and sale agreement that
was executed on February 16, 2005, and
a quitclaim deed that was executed on
January 23, 2006. MMID states that it is
filing this notice of exemption to correct
this error.
Because the projected annual
revenues of the lines, together with
MMID’s projected annual revenue, will
owned by the Maryland Transit Administration in
STB Finance Docket No. 35099, Maryland Midland
Railway, Inc.—Acquisition and Operation
Exemption—Certain Assets of the Maryland Transit
Administration.
6 The basis of Patriot’s petition to reject this
notice of exemption was its contention that GWI
failed to comply with the second criterion. Patriot’s
petition has been denied by the Board in a separate
decision in this docket.
1 The notice of exemption in this proceeding was
filed initially on October 22, 2007. However, the
related notice of exemption in FD 35098 was
supplemented on November 2, 2007, and the filing
date of that notice therefore was considered to be
November 2, 2007. Because the supplemental
information pertains to the transaction that is the
basis of both proceedings, the filing date for the
notice of exemption in this proceeding also is
considered to be November 2, 2007.
Decided: November 13, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22423 Filed 11–15–07; 8:45 am]
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Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices
exceed $5 million, MMID 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). MMID attached to its
October 22, 2007 submission of the
notice of exemption a certification of
posting of the labor notice, which states
that the requisite labor notice was
posted at the workplace of those
affected MMID employees on October
22, 2007. MMID notes that those
employees are not represented by
national labor unions and therefore no
notice has been provided to such
unions.
MMID has requested a waiver of the
requirement in 49 CFR 1150.42(e),
asking that this notice become effective
30 days after it has been filed, rather
than the requisite 60 days. MMID argues
for the waiver, stating that it has been
operating the two active lines for 15
years and will continue to be the
operator of these lines, and because the
inactive line has had no traffic for
several years, there are no affected
employees on this line. The waiver
request will be addressed by the Board
in a separate decision in this
proceeding.
As a result, the earliest this
transaction will be considered to be
consummated will be either 60 days
after MMID’s October 22 certification
that it has satisfied the requirements of
section 1150.42(e) or any earlier date
established by the Board if the Board
grants the requested waiver.
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.2
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35099, 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 R.W. Smith,
Jr., DLA Piper U.S. LLP, 6225 Smith
Avenue, Baltimore, MD 21209.
2 In the absence of a waiver granted by the Board,
the earliest the exemption could become effective
would be December 21, 2007 (60 days after MMID
has certified that it has satisfied the requirements
of section 1150.42(e)).
VerDate Aug<31>2005
21:48 Nov 15, 2007
Jkt 214001
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: November 13, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22436 Filed 11–15–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–721X]
Everett Railroad Company—
Discontinuance of Service
Exemption—in Blair County, PA
Everett Railroad Company (ERC), a
Class III rail carrier, has filed a verified
notice of exemption under 49 CFR 1152
Subpart F—Exempt Abandonments and
Discontinuances of Service to
discontinue service over a 1.5-mile line
of railroad between milepost 22.5 (at
approximately 0.5 miles south of the
line’s crossing of Cross Cove Road) and
milepost 24.0 (at the current end of
track immediately east of the line’s atgrade crossing of Pennsylvania State
Highway 866), in Blair County, PA. The
line traverses United States Postal
Service Zip Code 16662.
ERC has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
traffic on the line that has been, or
would need to be, rerouted; (3) no
formal complaint filed by a user of rail
service on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.12
(newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
discontinuance of service shall be
protected under Oregon Short Line R.
Co.—Abandonment—Goshen, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on
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64703
December 18, 2007, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues and formal expressions of intent
to file an OFA for continued rail service
under 49 CFR 1152.27(c)(2),1 must be
filed by November 26, 2007.2 Petitions
to reopen must be filed by December 6,
2007, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to ERC’s
representative: Robert A. Wimbish,
Baker & Miller PLLC, 2401 Pennsylvania
Avenue, NW., Suite 300, Washington,
DC 20037.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: November 9, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22430 Filed 11–15–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–268 (Sub-No. 16X) and
STB Docket No. AB–355 (Sub-No. 34X)]
Portland Terminal Company—
Abandonment Exemption—in
Cumberland County, ME; and
Springfield Terminal Railway
Company—Discontinuance of Service
Exemption—in Cumberland County,
ME
Portland Terminal Company (PT) and
Springfield Terminal Railway Company
(ST) (collectively, applicants) have
jointly filed a notice of exemption under
49 CFR 1152 Subpart F—Exempt
Abandonments and Discontinuances of
Service for PT to abandon, and for ST
to discontinue service over,
approximately 1.3 miles of railroad
known as the Mountain Branch in
Westbrook, ME, extending from
milepost 6.0 to milepost 7.3 in
Cumberland County, ME. The line
traverses United States Postal Service
1 Each OFA must be accompanied by the filing
fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25).
2 Because this is a discontinuance proceeding and
not an abandonment, trail use/rail banking and
public use conditions are not appropriate. Likewise,
no environmental or historical documentation is
required here under 49 CFR 1105.6(c) and
1105.8(b), respectively.
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Agencies
[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64702-64703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22436]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35099]
Maryland Midland Railway, Inc.--Acquisition and Operation
Exemption--Certain Assets of the Maryland Transit Administration
Maryland Midland Railway, Inc. (MMID), a Class III rail carrier,
has filed a verified notice of exemption under 49 CFR 1150.41 to
acquire, by purchase from the State of Maryland, acting by and through
the Maryland Transit Administration (MTA), two active rail lines,
totaling approximately 28 miles. The two active lines extend from
milepost 32.6 at or near Westminster, MD, to milepost 24.3 at or near
Cedarhurst, MD, and milepost 60.1 at or near Walkersville, MD, to
milepost 39.6 at or near Littlestown, PA. In its notice, MMID also
seeks to acquire, by purchase from the State of Maryland, acting by and
through MTA, and operate approximately 6 miles of inactive rail line.
The inactive line extends from milepost 45.1 at Taneytown, MD, to
milepost 39.6 at Littlestown.
This transaction is related to the concurrently filed notice of
exemption in STB Finance Docket No. 35098, Genesee & Wyoming Inc.--
Control Exemption--Maryland Midland Railway, Inc. (FD 35098), wherein
Genesee & Wyoming Inc. (GWI), seeks to acquire indirect control of
MMID.\1\
---------------------------------------------------------------------------
\1\ The notice of exemption in this proceeding was filed
initially on October 22, 2007. However, the related notice of
exemption in FD 35098 was supplemented on November 2, 2007, and the
filing date of that notice therefore was considered to be November
2, 2007. Because the supplemental information pertains to the
transaction that is the basis of both proceedings, the filing date
for the notice of exemption in this proceeding also is considered to
be November 2, 2007.
---------------------------------------------------------------------------
Based on projected revenues for the lines being acquired, MMID
expects to remain a Class III rail carrier after consummation of the
proposed transaction. MMID certifies that its projected annual revenues
as a result of this transaction will not result in the creation of a
Class II or Class I rail carrier.
MMID states that, due to an inadvertent error, it already has
acquired the lines from MTA, pursuant to a purchase and sale agreement
that was executed on February 16, 2005, and a quitclaim deed that was
executed on January 23, 2006. MMID states that it is filing this notice
of exemption to correct this error.
Because the projected annual revenues of the lines, together with
MMID's projected annual revenue, will
[[Page 64703]]
exceed $5 million, MMID 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). MMID attached to its October 22, 2007
submission of the notice of exemption a certification of posting of the
labor notice, which states that the requisite labor notice was posted
at the workplace of those affected MMID employees on October 22, 2007.
MMID notes that those employees are not represented by national labor
unions and therefore no notice has been provided to such unions.
MMID has requested a waiver of the requirement in 49 CFR
1150.42(e), asking that this notice become effective 30 days after it
has been filed, rather than the requisite 60 days. MMID argues for the
waiver, stating that it has been operating the two active lines for 15
years and will continue to be the operator of these lines, and because
the inactive line has had no traffic for several years, there are no
affected employees on this line. The waiver request will be addressed
by the Board in a separate decision in this proceeding.
As a result, the earliest this transaction will be considered to be
consummated will be either 60 days after MMID's October 22
certification that it has satisfied the requirements of section
1150.42(e) or any earlier date established by the Board if the Board
grants the requested waiver.
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.\2\
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\2\ In the absence of a waiver granted by the Board, the
earliest the exemption could become effective would be December 21,
2007 (60 days after MMID has certified that it has satisfied the
requirements of section 1150.42(e)).
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An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35099, 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 R.W. Smith, Jr., DLA Piper U.S.
LLP, 6225 Smith Avenue, Baltimore, MD 21209.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: November 13, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22436 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P