Genesee & Wyoming Inc.-Corporate Family Transaction Exemption, 56769 [2013-22261]

Download as PDF Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES must be received on or before October 3, 2013. ADDRESSES: You may send comments identified by Docket Number FAA– 2013–0743 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Andrea Copeland, ARM–208, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; email andrea.copeland@faa.gov; (202) 267–8081. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on September 9, 2013. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0743 Petitioner: Metropolitan State University of Denver. Section of 14 CFR Affected: 14 CFR 61.160(b)(3)(i). VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 Description of Relief Sought: Metropolitan State University of Denver (MSUD) seeks relief to enable graduates of MSUD Aviation Technology program to qualify for the 1,000 hour restricted ATP certificate by enabling its students to take part 141 cross-listed ground school classes for the instrument rating and commercial ground school certificate held by Colorado Northwest Community College (CNCC), and require its students seeking the restricted certificate to conduct flight training under CNCCs part 141 flight training program, under a training agreement between MSUD and CNCC. [FR Doc. 2013–22262 Filed 9–12–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35764] Genesee & Wyoming Inc.—Corporate Family Transaction Exemption Genesee & Wyoming Inc. (GWI), a noncarrier holding company, filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction within the family of business entities in which it owns controlling interests. According to GWI, it currently controls, directly and indirectly, 101 U.S. railroads. Applicant proposes to merge two of its intermediate holding company subsidiaries, GSW Acquisition Sub, Inc. and MMID Holding, Inc., with and into their respective Class III common carrier subsidiaries, Georgia Southwestern Railroad Company, Inc. (GSWR) and Maryland Midland Railway, Inc. (MMID). According to GWI, upon consummation of the mergers, it will have direct instead of indirect control of GSWR and MMID. Applicant anticipates consummating the proposed transaction on or after September 27, 2013, the effective date of the exemption (30 days after the exemption was filed). GWI states that the purpose of the proposed transaction is to eliminate two unnecessary intermediate subsidiaries, which will save unnecessary accounting and corporate maintenance. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). GWI states that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 56769 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 GWI controls one Class II rail carrier 1 and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.—Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 effectiveness of the exemption. Petitions for stay must be filed no later than September 20, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35764, 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 counsel for GWI, Eric M. Hocky, Clark Hill Thorp Reed, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: September 9, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–22261 Filed 9–12–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35762] South Carolina Division of Public Railways, d/b/a Palmetto Railways— Intra-Corporate Family Transaction Exemption—The Port Utilities Commission of Charleston, S.C., Port Terminal Railroad of South Carolina, and East Cooper and Berkeley Railroad Company South Carolina Division of Public Railways, d/b/a Palmetto Railways (SCPR), a Class III rail carrier, has filed a verified notice of exemption under 49 1 The Class II rail carrier is Buffalo & Pittsburgh Railroad, Inc. See Genesee & Wyoming Inc.— Control—RailAmerica, Inc., FD 35654, slip op. at 9 (STB served Dec. 20, 2012). E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Page 56769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22261]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35764]


Genesee & Wyoming Inc.--Corporate Family Transaction Exemption

    Genesee & Wyoming Inc. (GWI), a noncarrier holding company, filed a 
verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate 
family transaction within the family of business entities in which it 
owns controlling interests.
    According to GWI, it currently controls, directly and indirectly, 
101 U.S. railroads. Applicant proposes to merge two of its intermediate 
holding company subsidiaries, GSW Acquisition Sub, Inc. and MMID 
Holding, Inc., with and into their respective Class III common carrier 
subsidiaries, Georgia Southwestern Railroad Company, Inc. (GSWR) and 
Maryland Midland Railway, Inc. (MMID). According to GWI, upon 
consummation of the mergers, it will have direct instead of indirect 
control of GSWR and MMID.
    Applicant anticipates consummating the proposed transaction on or 
after September 27, 2013, the effective date of the exemption (30 days 
after the exemption was filed).
    GWI states that the purpose of the proposed transaction is to 
eliminate two unnecessary intermediate subsidiaries, which will save 
unnecessary accounting and corporate maintenance.
    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). GWI 
states that the transaction will not result in adverse changes in 
service levels, significant operational changes, or a 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. Because GWI controls one Class 
II rail carrier \1\ and one or more Class III rail carriers, the 
transaction is subject to the labor protection requirements of 49 
U.S.C. 11326(b) and Wisconsin Central Ltd.--Acquisition Exemption--
Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997).
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    \1\ The Class II rail carrier is Buffalo & Pittsburgh Railroad, 
Inc. See Genesee & Wyoming Inc.--Control--RailAmerica, Inc., FD 
35654, slip op. at 9 (STB served Dec. 20, 2012).
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    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 effectiveness of the exemption. 
Petitions for stay must be filed no later than September 20, 2013 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35764, 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 counsel for GWI, Eric M. Hocky, Clark Hill 
Thorp Reed, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: September 9, 2013.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-22261 Filed 9-12-13; 8:45 am]
BILLING CODE 4915-01-P