[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Page 70932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28123]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35872]


Everett Railroad Company and Hollidaysburg and Roaring Spring 
Railroad Company--Intra-Corporate Family Transaction Exemption

    Everett Railroad Company (Everett) and Hollidaysburg and Roaring 
Spring Railroad Company (Hollidaysburg) (collectively, Applicants) have 
jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) 
for a corporate family transaction.
    Applicants state that Everett and Hollidaysburg are Class III rail 
carriers under the control of Alan W. Maples. The transaction involves 
the merger of Everett and Hollidaysburg, with Everett emerging as the 
surviving rail carrier.
    According to Applicants, the purpose of the transaction is to 
streamline administration and enhance the financial condition of two 
railroads that are already largely integrated by consolidating the two 
into a single company. Applicants state that the proposed merger will 
eliminate the need for the preparation of separate tax returns for 
Everett and Hollidaysburg and the need for the two companies to 
maintain separate corporate records. Applicants state that there also 
are certain operational and recordkeeping advantages to the 
transaction.
    Unless stayed, the exemption will be effective on December 14, 2014 
(30 days after the verified notice was filed). Applicants state that 
they plan to consummate the proposed transaction on or after December 
14, 2014.
    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). Applicants 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 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 the 
transaction involves only 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 exemption. Petitions for stay 
must be filed no later than December 5, 2014 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35872, 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 Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: November 24, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-28123 Filed 11-26-14; 8:45 am]
BILLING CODE 4915-01-P