[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Page 77157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27259]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36653]


CSX Transportation, Inc.--Corporate Family Merger Exemption--The 
Toledo Ore Railroad Company

    CSX Transportation, Inc. (CSXT), a Class I carrier, and The Toledo 
Ore Railroad Company (TORCO), a Class III carrier, (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 TORCO.\1\ TORCO owns approximately 2,100 feet of 
rail track in the State of Ohio. Under the proposed transaction, TORCO 
will be merged into CSXT with CSXT as the surviving corporate entity.
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    \1\ According to the verified notice, CSXT and Norfolk Southern 
Railway Company (NSR) have operated TORCO since 1999. CSXT states 
that it will continue to abide by the agreements entered with NSR 
governing the operations of TORCO.
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    The Parties state that the purpose of the transaction is to reduce 
corporate overhead and duplication by eliminating one corporation while 
retaining the same assets to serve customers. In addition, CSXT will 
obtain certain savings as a result of the transaction and the 
accompanying corporate simplification.
    Unless stayed, the exemption will be effective on December 31, 2022 
(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 23, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36653, 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: December 12, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-27259 Filed 12-15-22; 8:45 am]
BILLING CODE 4915-01-P