Norfolk Southern Railway Company, Tennessee Railway Company, and Tennessee, Alabama & Georgia Railway Company-Corporate Family Exemption, 67989 [2022-24565]

Download as PDF Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. to make available publicly. All submissions should refer to File Number SR–CBOE–2022–053, and should be submitted on or before December 1, 2022. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.27 J. Matthew DeLesDernier, Assistant Secretary. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: [FR Doc. 2022–24506 Filed 11–9–22; 8:45 am] Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– CBOE–2022–053 on the subject line. Norfolk Southern Railway Company, Tennessee Railway Company, and Tennessee, Alabama & Georgia Railway Company—Corporate Family Exemption Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–CBOE–2022–053. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish VerDate Sep<11>2014 17:43 Nov 09, 2022 Jkt 259001 BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36634] Norfolk Southern Railway Company (NSR), Tennessee Railway Company (TRC), and Tennessee, Alabama & Georgia Railway Company (TAG) (collectively, Applicants) have jointly filed a verified notice of exemption for a corporate family transaction under 49 CFR 1180.2(d)(3). According to the verified notice, both TRC and TAG are wholly owned, direct subsidiaries of NSR.1 Applicants state that NSR, together with its rail subsidiaries, operates approximately 19,300 route miles in 22 states and the District of Columbia. Under the proposed transaction, TRC and TAG will be merged with and into NSR. Applicants state that the purpose of the transaction is to improve operating and administrative efficiencies within the corporate family. According to Applicants, the proposed transaction will not result in any significant changes in rail operations over the properties owned by TRC and TAG. The verified notice states that the agreement for the proposed transaction will not involve restrictions on interchange with railroads outside the corporate family. Although Applicants state in their verified notice that the proposed transaction is scheduled to be consummated on or after November 11, 2022, this transaction may not be consummated until November 24, 2022 67989 (30 days after the verified notice was filed).2 The verified notice states that the proposed transaction is within Applicants’ corporate family and 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. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). 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. Accordingly, this transaction is subject to the standard employee protective conditions in New York Dock Railway—Control—Brooklyn Eastern District Terminal, 360 I.C.C 60, aff’d New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 1979). 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 17, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36634, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Applicants’ representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave, NW, Suite 300, Washington, DC 20037. According to Applicants, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic preservation reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: November 7, 2022. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2022–24565 Filed 11–9–22; 8:45 am] 27 17 CFR 200.30–3(a)(12). 1 The verified notice states TRC is a Class III railroad that operates over approximately 0.95 miles of rail line in Tennessee, and TAG is a Class III railroad that owns and/or operates over approximately 19.7 miles of rail line in Tennessee, Alabama, and Georgia. PO 00000 Frm 00135 Fmt 4703 Sfmt 9990 BILLING CODE 4915–01–P 2 Applicants initially submitted their verified notice of exemption on October 11, 2022, but supplemented it on October 25, 2022. Therefore, October 25, 2022, is the filing date. E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Page 67989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24565]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36634]


Norfolk Southern Railway Company, Tennessee Railway Company, and 
Tennessee, Alabama & Georgia Railway Company--Corporate Family 
Exemption

    Norfolk Southern Railway Company (NSR), Tennessee Railway Company 
(TRC), and Tennessee, Alabama & Georgia Railway Company (TAG) 
(collectively, Applicants) have jointly filed a verified notice of 
exemption for a corporate family transaction under 49 CFR 1180.2(d)(3).
    According to the verified notice, both TRC and TAG are wholly 
owned, direct subsidiaries of NSR.\1\ Applicants state that NSR, 
together with its rail subsidiaries, operates approximately 19,300 
route miles in 22 states and the District of Columbia. Under the 
proposed transaction, TRC and TAG will be merged with and into NSR. 
Applicants state that the purpose of the transaction is to improve 
operating and administrative efficiencies within the corporate family. 
According to Applicants, the proposed transaction will not result in 
any significant changes in rail operations over the properties owned by 
TRC and TAG.
---------------------------------------------------------------------------

    \1\ The verified notice states TRC is a Class III railroad that 
operates over approximately 0.95 miles of rail line in Tennessee, 
and TAG is a Class III railroad that owns and/or operates over 
approximately 19.7 miles of rail line in Tennessee, Alabama, and 
Georgia.
---------------------------------------------------------------------------

    The verified notice states that the agreement for the proposed 
transaction will not involve restrictions on interchange with railroads 
outside the corporate family.
    Although Applicants state in their verified notice that the 
proposed transaction is scheduled to be consummated on or after 
November 11, 2022, this transaction may not be consummated until 
November 24, 2022 (30 days after the verified notice was filed).\2\
---------------------------------------------------------------------------

    \2\ Applicants initially submitted their verified notice of 
exemption on October 11, 2022, but supplemented it on October 25, 
2022. Therefore, October 25, 2022, is the filing date.
---------------------------------------------------------------------------

    The verified notice states that the proposed transaction is within 
Applicants' corporate family and 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. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3).
    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. Accordingly, this transaction 
is subject to the standard employee protective conditions in New York 
Dock Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C 
60, aff'd New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 
1979).
    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 17, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36634, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Applicants' representative, William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave, NW, Suite 300, Washington, DC 20037.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic preservation 
reporting under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 7, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-24565 Filed 11-9-22; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.