Georgia Southwestern Railroad, Inc.-Acquisition Exemption-CSX Transportation, Inc., 55899-55900 [E8-22588]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55899-55900]
From the Federal Register Online via the Government Printing 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 
``https://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