[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 20033-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8782]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35338]


Winston-Salem Southbound Railway Company--Corporate Family 
Transaction Exemption--High Point, Thomasville & Denton Railroad 
Company

    Winston-Salem Southbound Railway Company (WSSB) and High Point, 
Thomasville & Denton Railroad Company (HPTD), both Class III rail 
carriers, have filed a verified notice of exemption under 49 CFR 
1180.2(d)(3) for a transaction within a corporate family. Applicants 
state that HPTD will merge into WSSB, with WSSB being the surviving 
corporate entity. According to applicants, WSSB controls HPTD and owns 
100 percent of HPTD's stock, and Norfolk Southern Railway Company 
(NSRC) and CSX Transportation, Inc. (CSXT) each owns a 50 percent 
interest in WSSB.\1\ The purpose of the transaction is to simplify the 
corporate structure of the carriers and to thereby reduce their costs.
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    \1\ Both WSSB and HPTD are operated as switching carriers for 
the owners of WSSB--NSRC and CSXT. WSSB owns 88 miles of main line 
from Winston-Salem, NC to Wadesboro, NC, and connects with: (a) NSRC 
at Winston-Salem, Whitney, and Lexington, NC, (b) CSXT at Wadesboro, 
(c) HPTD at High Rock, NC, and (d) Aberdeen, Carolina & Western 
Railway (ACWR) at Norwood, NC. HPTD owns 34 miles of main line from 
High Point, NC to High Rock and connects with: (a) WSSB at High 
Rock, and (b) NSRC at High Point. Applicants state that the proposed 
transaction will not affect the connection with ACWR, since only 
WSSB connects with ACWR today.
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    The exemption will be effective on May 1, 2010.
    This is a transaction within a corporate family of the type 
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 changes 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 is employees. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec. Sec.  
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 rail carriers.
    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 
will be due no later than April 23, 2010 (at least 7 days before the 
effective date of the exemption).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35338 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 applicants' representatives, 
Louis E. Gitomer, 600 Baltimore Ave., Suite 301, Towson, MD 21204, and 
John V. Edwards, Three Commercial Place, Norfolk, VA 23510.

[[Page 20034]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 13, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-8782 Filed 4-15-10; 8:45 am]
BILLING CODE 4915-01-P