[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Page 45008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18592]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35392]


Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse 
Resources, Inc.--Continuance in Control Exemption--Gardendale Railroad, 
Inc.

    Gregory B. Cundiff (Mr. Cundiff), Connie Cundiff (Mrs. Cundiff), 
CGX, Inc. (CGX), and Ironhorse Resources, Inc. (Ironhorse) 
(collectively, applicants), all noncarriers, jointly have filed a 
verified notice of exemption to continue in control of Gardendale 
Railroad, Inc. (GRI), upon GRI becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35391, Gardendale Railroad--Operation 
Exemption-Rail Line of Border Transload & Transfer, Inc. at Gardendale, 
LaSalle County, Tex. In that proceeding, GRI. seeks an exemption under 
49 CFR 1150.31 to operate 1.86 miles of rail line owned by Crystal City 
Railroad, Inc., extending between specified points in Texas.
    The applicants intend to consummate the transaction no sooner than 
August 13, 2010, the effective date of the exemption (30 days after the 
exemption was filed).
    GRI is owned by Ironhorse, a noncarrier holding company. Ironhorse 
is owned by CGX, a noncarrier holding company. CGX is owned by Mr. and 
Mrs. Cundiff, individuals who are noncarriers. CGX owns the following 
rail carriers: Crystal City Railroad, Inc., Lone Star Railroad, Inc., 
Rio Valley Railroad, Inc., and Mississippi Tennessee Holdings, LLC. 
Ironhorse owns the following carriers: Railroad Switching Service of 
Missouri, Texas Railroad Switching, Inc, Rio Valley Switching Company, 
Southern Switching Company, Mississippi Tennessee Railroad, LLC, and 
GRI.
    Applicants certify that: (1) The rail line to be operated by GRI 
does not connect with any other railroads in their corporate family; 
(2) the continuance in control is not part of a series of anticipated 
transactions that would connect this rail line with any other railroad 
in their corporate family; and (3) the transaction does not involve a 
Class I rail carrier. 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 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 are Class III 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 effectiveness of the exemption. 
Stay petitions must be filed no later than August 6, 2010 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35392, 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 Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1890, Chicago, Ill. 60604.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: July 23, 2010.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-18592 Filed 7-29-10; 8:45 am]
BILLING CODE 4915-01-P