[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62399-62400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30674]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33505]
John H. Marino--Continuance in Control Exemption--Delaware
Transportation Group, Inc., Gettysburg Railway Company, Inc., and
Evansville Terminal Company, Inc.
John H. Marino (Marino) has filed a notice of exemption to continue
in control of the Delaware Transportation Group, Inc. (DTGI), the
Gettysburg Railway Company, Inc. (GRCI), and the Evansville Terminal
Company, Inc. (ETCI).
DTGI and GRCI will become Class III rail carriers upon conclusion
of the transactions covered by two simultaneously filed notices of
exemption in (1) STB Finance Docket No. 33503, Delaware Transportation
Group--Acquisition Exemption--Delaware Valley Railway Company, Inc.,
wherein DTGI seeks to acquire certain rail lines from the Delaware
Valley Railway Company, Inc., and (2) STB Finance Docket No. 33504,
Gettysburg Railway Company, Inc.,--Lease and Operation Exemption--
Delaware Transportation Group, Inc., wherein GRCI will lease and
operate the rail lines being acquired by DTGI in STB Finance Docket No.
33503. ETCI is an existing Class III rail carrier operating in the
States of Indiana and Illinois.1
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\1\ Marino states that he currently possesses an interest in
ETCI.
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The transaction was expected to be consummated on or after October
31, 1997.
Marino states that: (i) the rail lines to be controlled do not
connect with each other or any other railroads in the corporate family;
(ii) the transaction is not part of a series of anticipated
[[Page 62400]]
transactions that would connect the railroads with each other or any
railroad in their 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. 33505, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Robert A. Wimbish, Esq., Rea, Cross & Auchincloss, 1920 N
Street, N.W., Suite 420, Washington, DC 20036.
Decided: November 17, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30674 Filed 11-20-97; 8:45 am]
BILLING CODE 4915-00-P
