[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Page 65882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25869]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36363]


CSX Transportation, Inc.--Corporate Family Merger Exemption--The 
Home Avenue Rail-Road Company

    CSX Transportation, Inc. (CSXT), a Class I carrier, and The Home 
Avenue Rail-Road Company (HARR) (collectively, the Parties) have filed 
a verified notice of exemption for an intra-corporate family 
transaction under 49 CFR 1180.2(d)(3). CSXT directly controls and 
operates HARR. HARR owns approximately 2.9 miles of railroad and 3.99 
miles of yard switching track in the State of Ohio. Under the proposed 
transaction, HARR will be merged into CSXT with CSXT as the surviving 
corporate entity.\1\
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    \1\ An executed copy of the agreement and plan of merger was 
filed on November 15, 2019, to replace the draft agreement attached 
to the verified notice of exemption.
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    The Parties state that the purpose of the transaction is to 
simplify the corporate structure and reduce overhead costs. According 
to the Parties, the transaction will reduce corporate overhead and 
duplication by eliminating one corporation, while retaining the same 
assets to serve customers, and will allow CSXT to obtain various 
savings.
    Unless stayed, the exemption will be effective on December 15, 2019 
(30 days after the verified notice was filed). The Parties state that 
they intend to consummate the proposed transaction on or after that 
date.
    The Parties state that the transaction will not result in adverse 
changes in service levels, significant operational changes, or a change 
in the competitive balance with carriers outside the corporate family. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3).
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 
(1979).
    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 6, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36363, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, 
one copy of each pleading must be served on Louis E. Gitomer, Esq., Law 
Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, 
Towson, MD 21204.
    According to the Parties, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 25, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-25869 Filed 11-27-19; 8:45 am]
 BILLING CODE 4915-01-P