CSX Transportation, Inc.-Corporate Family Merger Exemption-Buffalo, Rochester and Pittsburgh Company, 73584-73585 [2013-29130]

Download as PDF 73584 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES can offer in specific foreign markets; the imposition of excessively high licensing fees; unreasonable wholesale roaming rates that mobile telecommunications service suppliers in specific foreign markets charge U.S. suppliers that seek to supply international mobile roaming services to their U.S. customers; allocating access to spectrum or other scarce resources through discriminatory procedures or contingent on the purchase of locally-produced equipment; subsidies provided to equipment manufactures which are contingent upon exporting or local content, or have caused adverse effects to domestic equipment manufacturers and the imposition by foreign governments of unnecessary or discriminatory technical regulations or standards for telecommunications products or services. 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[FR Doc. 2013–29201 Filed 12–5–13; 8:45 am] BILLING CODE 3290–F4–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35784] CSX Transportation, Inc.—Corporate Family Merger Exemption—Buffalo, Rochester and Pittsburgh Company CSX Transportation, Inc. (CSXT) and Buffalo, Rochester and Pittsburgh Company (BR&P) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction pursuant to which BR&P would be merged into CSXT. Applicants state that CSXT directly controls and operates BR&P, which is a subsidiary of CSXT. According to the applicants, CSXT owns 99.9% of the issued and outstanding shares of common stock of BR&P and 100% of the issued and outstanding shares of the preferred stock of BR&P.1 Under the proposed transaction, BR&P will be merged with and into CSXT. Applicants state that the purpose of the corporate transaction is to simplify the corporate structure and reduce overhead costs, and that the transaction will reduce corporate overhead and duplication by eliminating one corporation while retaining the same assets to serve customers. Unless stayed, the exemption will be effective on December 21, 2013 (30 days after the verified notice was filed). Applicants state that CSXT intends to merge BR&P into CSXT on or after that date. This is a transaction within a corporate family of the type specifically 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 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. As a condition to the use of this exemption, any employees adversely affected by this transaction 1 Applicants state that one share of common stock is outstanding in the name of Walston Hill Brown, who died in 1928 and whose beneficiaries, if any, have not been located. Pursuant to the Pennsylvania Abandoned and Unclaimed Property Act, the applicants state that CSXT will take such action and execute and deliver all such instruments and documents as may be required for the purpose of escheating the merger consideration payable with respect to the one share to the Pennsylvania Bureau of Unclaimed Property. E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices will be protected by the conditions set forth in New York Dock Railway— Control—Brooklyn District Eastern 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 effectiveness of the exemption. Petitions for stay must be filed no later than December 13, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35784, 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, Esq., 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: December 3, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–29130 Filed 12–5–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35785] emcdonald on DSK67QTVN1PROD with NOTICES The Three Rivers Railway Company— Corporate Family Merger Exemption— Mahoning State Line Railroad Company The Three Rivers Railway Company (TRRC) and Mahoning State Line Railroad Company (MSLR) (collectively, applicants) have filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction. According to applicants, TRRC is a Class III railroad and a subsidiary of CSX Transportation, Inc. (CSXT).1 TRRC directly controls and operates MSLR, a Class III carrier and wholly owned subsidiary of TRRC. Under the proposed transaction, MSLR will be merged with and into TRRC. Applicants state that the purpose of the corporate transaction is to simplify the corporate structure and reduce overhead costs, and that the 1 See CSX Transp., Inc.—Continuance in Control Exemption—The Three Rivers Ry., FD 32056 (ICC served Oct. 23, 1992). VerDate Mar<15>2010 17:28 Dec 05, 2013 Jkt 232001 transaction will reduce corporate overhead and duplication by eliminating one corporation while retaining the same assets to serve customers. Unless stayed, the exemption will be effective on December 21, 2013 (30 days after the verified notice was filed). Applicants state that TRRC intends to merge MSLR into TRRC on or after that date. This is a transaction within a corporate family of the type specifically 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 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 CSXT, which controls TRRC directly and MSLR indirectly, is a Class I carrier, any employees adversely affected by this transaction will, as a condition to the use of this exemption, be protected by the conditions set forth in New York Dock Railway—Control—Brooklyn District Eastern Terminal, 360 I.C.C. 60 (1979).2 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 December 13, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35785, 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, Esq., 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: December 3, 2013. 2 See Genessee & Wyo., Inc.—Corporate Family Transaction Exemption, FD 35764 (STB served Sept. 13, 2013) (making a corporate family transaction subject to labor protection that applies to transactions involving a Class II carrier because the corporate family included a Class II carrier). PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 73585 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2013–29189 Filed 12–5–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1068 (Sub-No. 2X); Docket No. AB 1070 (Sub-No. 2X)] Missouri Central Railroad Company— Discontinuance of Trackage Rights Exemption—in Cass and Jackson Counties, MO; Central Midland Railway Company—Discontinuance of Trackage Rights Exemption—in Cass and Jackson Counties, MO Missouri Central Railroad Company (MCRR) and Central Midland Railway Company (CMR) jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue trackage rights over a rail line owned by the Union Pacific Railroad Company (UP) between Pleasant Hill, Mo. (milepost 263.5), and Leeds Junction, Mo. (milepost 288.3) (the Line). The Line traverses United States Postal Service Zip Codes 64080, 64034, 64082, 64081, 64138, 64133, and 64129. This notice replaces both a Notice of Exemption filed by MCRR on October 17, 2013, and an Amended Notice of Exemption filed by MCRR on October 30, 2013, in Docket No. AB 1068 (Sub-No. 2X).1 MCRR and CMR have certified that: (1) MCRR and CMR have not moved any local traffic over the Line for at least two years; (2) they have not moved any overhead traffic over the Line for at least two years, and that overhead traffic, if there were any, could be rerouted over other lines; (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 before the Surface Transportation Board or before any U.S. District Court or has been decided in 1 MCRR obtained trackage rights over the Line as part of the transaction involved in Missouri Central Railroad—Acquisition & Operation Exemption— Lines of Union Pacific Railroad, FD 33508 (STB served Jan. 27, 1998). CMR obtained rights to the Line when it filed a notice of operation exemption in Central Midland Railway—Operation Exemption—Lines of Missouri Central Railroad, FD 33988 (STB served Jan. 29, 2001). Neither MCRR nor CMR has ever utilized these trackage rights. Upon discontinuance of service by MCRR and CMR over the Line, UP will continue to be a common carrier authorized to operate on the Line. E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73584-73585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29130]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35784]


CSX Transportation, Inc.--Corporate Family Merger Exemption--
Buffalo, Rochester and Pittsburgh Company

    CSX Transportation, Inc. (CSXT) and Buffalo, Rochester and 
Pittsburgh Company (BR&P) (collectively, applicants) have jointly filed 
a verified notice of exemption under 49 CFR 1180.2(d)(3) for a 
corporate family transaction pursuant to which BR&P would be merged 
into CSXT.
    Applicants state that CSXT directly controls and operates BR&P, 
which is a subsidiary of CSXT. According to the applicants, CSXT owns 
99.9% of the issued and outstanding shares of common stock of BR&P and 
100% of the issued and outstanding shares of the preferred stock of 
BR&P.\1\
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    \1\ Applicants state that one share of common stock is 
outstanding in the name of Walston Hill Brown, who died in 1928 and 
whose beneficiaries, if any, have not been located. Pursuant to the 
Pennsylvania Abandoned and Unclaimed Property Act, the applicants 
state that CSXT will take such action and execute and deliver all 
such instruments and documents as may be required for the purpose of 
escheating the merger consideration payable with respect to the one 
share to the Pennsylvania Bureau of Unclaimed Property.
---------------------------------------------------------------------------

    Under the proposed transaction, BR&P will be merged with and into 
CSXT. Applicants state that the purpose of the corporate transaction is 
to simplify the corporate structure and reduce overhead costs, and that 
the transaction will reduce corporate overhead and duplication by 
eliminating one corporation while retaining the same assets to serve 
customers.
    Unless stayed, the exemption will be effective on December 21, 2013 
(30 days after the verified notice was filed). Applicants state that 
CSXT intends to merge BR&P into CSXT on or after that date.
    This is a transaction within a corporate family of the type 
specifically 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 
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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction

[[Page 73585]]

will be protected by the conditions set forth in New York Dock 
Railway--Control--Brooklyn District Eastern 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 effectiveness of the exemption. 
Petitions for stay must be filed no later than December 13, 2013 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35784, 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, Esq., 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: December 3, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-29130 Filed 12-5-13; 8:45 am]
BILLING CODE 4915-01-P