[Federal Register Volume 62, Number 239 (Friday, December 12, 1997)]
[Notices]
[Pages 65471-65472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32564]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33513]
CMC Railroad, Inc.--Operation Exemption--GWI Switching Services,
L.P.
CMC Railroad, Inc. (CMC RR), a noncarrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to operate a railcar storage
yard (the Yard) that has been operated by GWI Switching Services, L.P.
(GWISS).1
[[Page 65472]]
GWISS is assigning to CMC RR the operating agreement that would permit
CMC RR to operate the Yard. CMC RR will access the Yard at connections
with the Baytown Branch of Union Pacific Railroad Company (which the
verified notice describes as a former Southern Pacific Transportation
Company (SP) line) in the vicinity of Dayton, TX, at SP mileposts 2.0
and 3.3. Under the assignment by GWISS, CMC RR will also operate 10
miles of incidental trackage rights (a) from Baytown Branch SP milepost
5.0 to SP milepost 0.0 (also known as Lafayette Main Line SP milepost
327.8), a distance of 5.0 miles; and (b) from Lafayette Main Line SP
milepost 325.0 to SP milepost 330.0, a distance of 5.0 miles.
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\1\ The real estate on which the Yard is located is owned by CMC
Railroad I Ltd. (CMC I), which leases all improvements thereto from
NCC Charlie Company, an unrelated noncarrier.
GWISS has been operating the Yard and has been operating over
incidental trackage rights pursuant to the class exemption at 49 CFR
1150.31. See GWI Switching Services, L.P.--Operation Exemption--Rail
Lines of Southern Pacific Transportation Company, Finance Docket No.
32481 (ICC served May 3, 1994). The continuance in control of GWISS
by Genesee and Wyoming Industries, Inc., is also exempt under the
class exemption. See Genesee and Wyoming Industries, Inc.--
Continuance in Control Exemption--GWI Switching Services, L.P.,
Finance Docket No. 32482 (ICC served May 3, 1997). The Brotherhood
of Locomotive Engineers and the United Transportation Union filed
petitions to revoke these exemptions, which are pending before the
Board. The publication of this notice of exemption does not reflect
any assessment of the merits of the petitions to revoke. Should the
Board decide to revoke GWISS's exemption to operate the Yard and
trackage rights, this exemption of the assignment of GWISS's
operating agreement to CMC RR may also be revoked.
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The transaction was expected to be consummated after November 27,
1997.
If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33513, 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 Eric M. Hocky, Esq., Gollatz, Griffin & Ewing, P.C., 213 West
Miner Street, P.O. Box 796, West Chester, PA 19381-0796.
Decided: December 5, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-32564 Filed 12-11-97; 8:45 am]
BILLING CODE 4915-00-P
