[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Page 62383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28434]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35318]


Gabriel D. Hall--Continuance in Control Exemption--U S Rail 
Corporation of New Jersey

    Gabriel D. Hall (Hall), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of U S 
Rail Corporation of New Jersey (U S RCNJ), upon U S RCNJ becoming a 
Class III rail carrier.
    This transaction is related to the concurrently filed verified 
notices of exemption in: (1) STB Finance Docket No. 35310, U S Rail 
Corporation of New Jersey--Lease Exemption--County of Salem, NJ, 
wherein U S RCNJ seeks to lease from the County of Salem, NJ, an 
approximately 17.24 mile rail line between milepost 10.86 in 
Swedesboro, NJ, and milepost 28.10 in Salem, NJ (the line); and (2) STB 
Finance Docket No. 35317, U S Rail Corporation--Operation Exemption--U 
S Rail Corporation of New Jersey, wherein U S Rail Corporation, an 
affiliate of U S RCNJ, seeks to operate over the line.
    The transactions are scheduled to be consummated on or after 
December 12, 2009 (30 days after the notices of exemption were filed).
    Hall is a noncarrier that currently controls directly or indirectly 
through equity ownership two rail carriers: USRP and U S Rail Holding, 
LLC.
    Mr. Hall states that: (1) The rail line to be acquired by lease 
does not connect with the lines of any other railroad controlled by 
Hall; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect the rail line with any 
railroads controlled by Hall; and (3) the transaction does not involve 
a Class I railroad. Therefore, the transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    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. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    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 December 4, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35318, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on Eric M. Hocky, Thorp Reed & Armstrong, LLP, One 
Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 
19103.
    Board decisions and notices are available on our Web site at: 
``http://www.stb.dot.gov.''

    Decided: November 23, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-28434 Filed 11-25-09; 8:45 am]
BILLING CODE 4915-01-P