[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Page 78858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32567]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34290]


CSX Transportation, Inc.--Corporate Family Merger Exemption--The 
Western Railway of Alabama

    CSX Transportation, Inc. (CSXT)\1\ and The Western Railway of 
Alabama (WRA),\2\ have filed a verified notice of exemption with 
respect to a proposed corporate restructuring, through which WRA, which 
is controlled by CSXT, will be merged into CSXT, with CSXT as the 
surviving entity. Under the agreement and plan of merger, CSXT will own 
all of the assets of WRA and will be responsible for all debts, 
liabilities, and obligations of WRA.
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    \1\ CSXT, a Class I carrier, owns and operates approximately 
23,297 miles of railroad. CSXT and its railroad subsidiaries operate 
in the States of Alabama, Connecticut, District of Columbia, 
Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, 
Massachusetts, Maryland, Michigan, Mississippi, Missouri, New 
Jersey, New York, North Carolina, Ohio, Pennsylvania, South 
Carolina, Tennessee, Virginia, and West Virginia, and the Provinces 
of Ontario and Quebec.
    \2\ WRA owns and operates approximately 128.23 miles of railroad 
in the State of Alabama.
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    The transaction was scheduled to be consummated on or after 
December 3, 2002, the effective date of the exemption (7 days after the 
exemption was filed).
    The purpose of the transaction is to simplify the corporate 
structure and reduce corporate overhead and duplication.
    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). The parties 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. Although applicants do not 
expect any employees to be adversely affected by this merger and 
control transaction, they have agreed to apply employee protective 
conditions pursuant 49 U.S.C. 11326(a). Therefore, any employees 
adversely affected by the merger and control transaction will be 
protected by the conditions set forth in New York Dock Ry.-Control-
Brooklyn Eastern Dist., 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34290 must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Louis E. Gitomer, BALL JANIK 
LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: December 19, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-32567 Filed 12-24-02; 8:45 am]
BILLING CODE 4915-00-P