[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64702-64703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22436]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35099]


Maryland Midland Railway, Inc.--Acquisition and Operation 
Exemption--Certain Assets of the Maryland Transit Administration

    Maryland Midland Railway, Inc. (MMID), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire, by purchase from the State of Maryland, acting by and through 
the Maryland Transit Administration (MTA), two active rail lines, 
totaling approximately 28 miles. The two active lines extend from 
milepost 32.6 at or near Westminster, MD, to milepost 24.3 at or near 
Cedarhurst, MD, and milepost 60.1 at or near Walkersville, MD, to 
milepost 39.6 at or near Littlestown, PA. In its notice, MMID also 
seeks to acquire, by purchase from the State of Maryland, acting by and 
through MTA, and operate approximately 6 miles of inactive rail line. 
The inactive line extends from milepost 45.1 at Taneytown, MD, to 
milepost 39.6 at Littlestown.
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35098, Genesee & Wyoming Inc.--
Control Exemption--Maryland Midland Railway, Inc. (FD 35098), wherein 
Genesee & Wyoming Inc. (GWI), seeks to acquire indirect control of 
MMID.\1\
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    \1\ The notice of exemption in this proceeding was filed 
initially on October 22, 2007. However, the related notice of 
exemption in FD 35098 was supplemented on November 2, 2007, and the 
filing date of that notice therefore was considered to be November 
2, 2007. Because the supplemental information pertains to the 
transaction that is the basis of both proceedings, the filing date 
for the notice of exemption in this proceeding also is considered to 
be November 2, 2007.
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    Based on projected revenues for the lines being acquired, MMID 
expects to remain a Class III rail carrier after consummation of the 
proposed transaction. MMID certifies that its projected annual revenues 
as a result of this transaction will not result in the creation of a 
Class II or Class I rail carrier.
    MMID states that, due to an inadvertent error, it already has 
acquired the lines from MTA, pursuant to a purchase and sale agreement 
that was executed on February 16, 2005, and a quitclaim deed that was 
executed on January 23, 2006. MMID states that it is filing this notice 
of exemption to correct this error.
    Because the projected annual revenues of the lines, together with 
MMID's projected annual revenue, will

[[Page 64703]]

exceed $5 million, MMID 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). MMID attached to its October 22, 2007 
submission of the notice of exemption a certification of posting of the 
labor notice, which states that the requisite labor notice was posted 
at the workplace of those affected MMID employees on October 22, 2007. 
MMID notes that those employees are not represented by national labor 
unions and therefore no notice has been provided to such unions.
    MMID has requested a waiver of the requirement in 49 CFR 
1150.42(e), asking that this notice become effective 30 days after it 
has been filed, rather than the requisite 60 days. MMID argues for the 
waiver, stating that it has been operating the two active lines for 15 
years and will continue to be the operator of these lines, and because 
the inactive line has had no traffic for several years, there are no 
affected employees on this line. The waiver request will be addressed 
by the Board in a separate decision in this proceeding.
    As a result, the earliest this transaction will be considered to be 
consummated will be either 60 days after MMID's October 22 
certification that it has satisfied the requirements of section 
1150.42(e) or any earlier date established by the Board if the Board 
grants the requested waiver.
    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.\2\
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    \2\ In the absence of a waiver granted by the Board, the 
earliest the exemption could become effective would be December 21, 
2007 (60 days after MMID has certified that it has satisfied the 
requirements of section 1150.42(e)).
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35099, 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 R.W. Smith, Jr., DLA Piper U.S. 
LLP, 6225 Smith Avenue, Baltimore, MD 21209.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 13, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22436 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P