[Federal Register Volume 61, Number 223 (Monday, November 18, 1996)]
[Notices]
[Pages 58739-58740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29437]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33291]
Genesee & Wyoming Inc.--Control Exemption--Rail Link, Inc.
Genesee & Wyoming Inc. (GWI), a noncarrier holding company, has
filed a notice of exemption to acquire control through stock ownership
of Rail Link, Inc. (Rail Link), a noncarrier holding company. Rail Link
controls three separate Class III railroads as follows: Carolina
Coastal Railway, Inc. (CLNA); Commonwealth Railway, Inc. (CWRY); and
Talleyrand Terminal Railroad (TRR).1
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\1\ GWI is acquiring all of the outstanding capital stock of
Rail Link and will indirectly control CLNA, CWRY, and TRR.
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The transaction will be consummated on or after November 8, 1996.
[[Page 58740]]
GWI controls 11 existing Class III carrier subsidiaries: Genesee &
Wyoming Railroad Company, Inc., operating in western New York;
Dansville and Mount Morris Railroad Company, operating in New York;
Rochester & Southern Railroad, Inc., operating in New York; Louisiana &
Delta Railroad, Inc., operating in Louisiana; Buffalo & Pittsburgh
Railroad, Inc., operating in New York and Pennsylvania; Bradford
Industrial Rail, Inc., operating in Pennsylvania and New York;
Allegheny & Eastern Railroad, Inc., operating in Pennsylvania;
Willamette & Pacific Railroad, Inc., operating in Oregon; GWI Switching
Services, operating in Texas; Illinois & Midland Railroad, Inc.,
operating in Illinois; and Pittsburg & Shawmut Railroad, Inc.,
operating in Pennsylvania.
GWI states that (i) CLNA, CWRY, and TRR will not connect with any
railroad in the GWI corporate family; (ii) the acquisition of control
is not part of a series of anticipated transactions that would connect
the Rail Link subsidiaries with any railroad in the GWI corporate
family; and (iii) the transaction does not involve a Class I carrier.
Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
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 sections 11324
and 11325 that involve only Class III rail carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33291, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, a copy of each
pleading must be served on Eric M. Hocky, Esq., Gollatz, Griffin, &
Ewing, P.C., 213 W. Miner Street, P.O. Box 796, West Chester, PA 19381-
0796.
Decided: November 7, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-29437 Filed 11-15-96; 8:45 am]
BILLING CODE 4915-00-P
