[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Notices]
[Pages 8104-8105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4794]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32863]
Genesee & Wyoming, Inc.--Continuance in Control Exemption--
Illinois & Midland Railroad, Inc.
Genesee & Wyoming, Inc. (GWI), a noncarrier, has filed a verified
notice under 49 CFR 1180.2(d)(2) to continue in control of Illinois &
Midland Railroad, Inc. (IMR), upon IMR's becoming a class III rail
carrier. IMR, a noncarrier, has concurrently filed a notice of
exemption in Illinois & Midland Railroad, Inc.--Acquisition and
Operation Exemption--Chicago & Illinois Midland Railway Company, STB
Finance Docket No. 32862, in which IMR seeks to acquire and operate 98
[[Page 8105]]
miles of rail lines of Chicago & Illinois Midland Railway Company
(CIMR), in the State of Illinois. IMR also seeks to acquire the
interest of CIMR in 25.4 miles of overhead trackage rights in the State
of Illinois. The transaction was to have been consummated on or about
February 8, 1996.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 11323.
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GWI also controls through stock ownership 9 other nonconnecting
class III rail carriers: Genesee & Wyoming Railroad Company; Dansville
and Mount Morris Railroad Company; Rochester & Southern Railroad, Inc.;
Louisiana & Delta Railroad, Inc.; Buffalo & Pittsburgh Railroad, Inc.;
Bradford Industrial Rail, Inc.; Allegheny & Eastern Railroad, Inc.;
Willamette & Pacific Railroad, Inc.; and GWI Switching Services.2
\2\ Also, GWI has in Genesee & Wyoming Industries, Inc.--
Continuance in Control Exemption--Portland & Western Railroad,
Finance Docket No. 32759, a pending petition for exemption to
continue in control of a connecting Class III railroad.
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The transaction is exempt from the prior approval requirements of
49 U.S.C. 11323 [formerly section 11343] because: (1) The railroads
will not connect with each other or with any railroad in their
corporate family; (2) the continuance in control is not part of a
series of anticipated transactions that would connect the railroads
with each other or with any railroad in their corporate family; and (3)
the transaction does not involve a class I carrier.
As a condition to this exemption, any employees adversely affected
by the transaction will be protected under New York Doc Ry.--Control--
Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
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) [formerly section
10505(d)] may be filed at any time. The filing of a petition to reopen
will not automatically stay the transaction. An original and 10 copies
of all pleadings, referring to STB Finance Docket No. 32863, must be
filed with the Office of the Secretary, Case Control Branch, Surface
Transportation Board, 1201 Constitution Ave., N.W., Washington, DC
20423. In addition, a copy of each pleading must be served on Eric M.
Hocky, Esq., Gollatz, Griffin & Ewing, P.O. Box 796, 213 West Miner
St., West Chester, PA 19381-0796.
Decided: February 22, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-4794 Filed 2-29-96; 8:45 am]
BILLING CODE 4915-00-P
