[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Notices]
[Page 43486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16839]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35142]


St. Clair Tunnel Company--Intra--Corporate Family Merger 
Exemption--Grand Trunk Western Railroad Incorporated

    St. Clair Tunnel Company (SCTC), a Class III rail common carrier, 
and Grand Trunk Western Railroad Incorporated (GTW), a Class I rail 
common carrier, have jointly filed a verified notice of exemption under 
49 CFR 1180.2(d)(3) for an intra-corporate family merger of GTW with 
and into SCTC, with SCTC as the surviving corporation. GTW and SCTC are 
direct subsidiaries of Grand Trunk Corporation (GTC) and indirect 
subsidiaries of Canadian National Railway Company (CN).\1\ Upon 
completion of the transaction, SCTC would change its corporate name to 
Grand Trunk Western Railroad Company.
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    \1\ All of CN's U.S. rail operating subsidiaries, including GTW 
and SCTC, report to the Board on a consolidated Class I basis under 
the GTC name.
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    The transaction is scheduled to be consummated on or after August 
8, 2008, the effective date of the exemption.
    The purpose of the transaction is to simplify the U.S. corporate 
structure of CN by eliminating a railroad within that structure and to 
accommodate certain Canadian tax considerations.
    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 
any 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 
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. Petitions for stay 
must be filed no later than August 1, 2008 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35142, must be filed with the Surface Transportation 
Board, 395 E Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Thomas J. Litwiler, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: July 17, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-16839 Filed 7-24-08; 8:45 am]
BILLING CODE 4915-01-P