[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68400-68401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27968]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35438]


Eighteen Thirty Group, LLC--Acquisition Exemption--in Allegany 
County, MD

    Eighteen Thirty Group, LLC (Eighteen Thirty), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire an 
8.54-mile line of railroad between milepost BAI 27.0 near Morrison and 
milepost BAI 18.46 at the end of the track near Carlos, in Allegany 
County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line 
as a result of the bankruptcy of James Riffin \1\ through an agreement 
with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of 
James Riffin.\2\
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    \1\ The Board authorized abandonment of the Line in CSX 
Transportation, Inc.--Abandonment Exemption--in Allegany County, 
Md., Docket No. AB 55 (Sub-No. 659X) (STB served Aug. 25, 2005). By 
decision served December 14, 2005, WMS, LLC (WMS) was authorized to 
acquire the Line pursuant to the Board's offer of financial 
assistance (OFA) provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, 
and by decision served August 18, 2006, James Riffin was substituted 
as the acquiring entity in lieu of WMS.
    \2\ Applicants state that consummation of this transaction is 
subject to approval by the bankruptcy court. Consummation is also 
subject to a grant of the petition filed in AB 55 (Sub-No. 659X).
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    This transaction is related to two simultaneously filed notices of 
exemption: (1) Docket No. FD 35437, Georges Creek Railway, LLC--
Operation Exemption--in Allegany County, Md., in which Georges Creek 
Railway, LLC (Georges Creek), seeks an exemption under 49 CFR 1150.31 
to operate the Line; and (2) Docket No. FD 35436, Duncan Smith and 
Gerald Altizer--Continuance in Control Exemption--Eighteen Thirty 
Group, LLC and Georges Creek Railway, LLC, in which Duncan Smith and 
Gerald Altizer, the owners of Eighteen Thirty and Georges Creek, seek 
an exemption to continue in control of Eighteen Thirty and Georges 
Creek upon their becoming Class III rail carriers.
    This transaction is also related to a petition simultaneously filed 
by Eighteen Thirty in Docket No. AB 55 (Sub-No. 659X), CSX 
Transportation, Inc.--Abandonment Exemption--in Allegany County, Md., 
seeking an exemption under 49 U.S.C. 10502 from

[[Page 68401]]

the OFA requirements of 49 U.S.C. 10904(f)(4)(A). The latter provision 
forbids an entity that has acquired a rail line under the OFA process 
from transferring that line to any entity other than the abandoning 
rail carrier from which it was originally purchased prior to the end of 
the fifth year after consummation of the sale.\3\
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    \3\ Eighteen Thirty has attached a letter from CSXT stating that 
it issued the deed for the sale of the Line of July 10, 2006, but 
that it will not exercise its statutory right to reacquire the Line 
and that it waives its rights under the statute.
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    Eighteen Thirty states that it intends to consummate this 
transaction once the bankruptcy court approves its purchase agreement, 
but no sooner than November 18, 2010, the effective date of this 
exemption (30 days after the exemption was filed).\4\
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    \4\ Eighteen Thirty states that approval by the bankruptcy court 
could take up to 60 days.
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    Eighteen Thirty certifies that its projected revenues as a result 
of this transaction will not result in the creation of a Class II or 
Class I rail carrier and will not exceed $5 million annually.
    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 to stay must be filed no later than November 10, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to FD 35438, 
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 John D. Heffner, John D. Heffner, PLLC, 1750 K Street, 
NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 1, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27968 Filed 11-4-10; 8:45 am]
BILLING CODE 4915-01-P