[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Page 67989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24565]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36634]


Norfolk Southern Railway Company, Tennessee Railway Company, and 
Tennessee, Alabama & Georgia Railway Company--Corporate Family 
Exemption

    Norfolk Southern Railway Company (NSR), Tennessee Railway Company 
(TRC), and Tennessee, Alabama & Georgia Railway Company (TAG) 
(collectively, Applicants) have jointly filed a verified notice of 
exemption for a corporate family transaction under 49 CFR 1180.2(d)(3).
    According to the verified notice, both TRC and TAG are wholly 
owned, direct subsidiaries of NSR.\1\ Applicants state that NSR, 
together with its rail subsidiaries, operates approximately 19,300 
route miles in 22 states and the District of Columbia. Under the 
proposed transaction, TRC and TAG will be merged with and into NSR. 
Applicants state that the purpose of the transaction is to improve 
operating and administrative efficiencies within the corporate family. 
According to Applicants, the proposed transaction will not result in 
any significant changes in rail operations over the properties owned by 
TRC and TAG.
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    \1\ The verified notice states TRC is a Class III railroad that 
operates over approximately 0.95 miles of rail line in Tennessee, 
and TAG is a Class III railroad that owns and/or operates over 
approximately 19.7 miles of rail line in Tennessee, Alabama, and 
Georgia.
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    The verified notice states that the agreement for the proposed 
transaction will not involve restrictions on interchange with railroads 
outside the corporate family.
    Although Applicants state in their verified notice that the 
proposed transaction is scheduled to be consummated on or after 
November 11, 2022, this transaction may not be consummated until 
November 24, 2022 (30 days after the verified notice was filed).\2\
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    \2\ Applicants initially submitted their verified notice of 
exemption on October 11, 2022, but supplemented it on October 25, 
2022. Therefore, October 25, 2022, is the filing date.
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    The verified notice states that the proposed transaction is within 
Applicants' corporate family and 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. Accordingly, this transaction 
is subject to the standard employee protective conditions in New York 
Dock Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C 
60, aff'd New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 
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 November 17, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36634, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Applicants' representative, William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave, NW, Suite 300, Washington, DC 20037.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic preservation 
reporting under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 7, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-24565 Filed 11-9-22; 8:45 am]
BILLING CODE 4915-01-P