[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Page 43577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21548]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33437]
Genesee & Wyoming Inc.--Continuance in Control Exemption--Corpus
Christi Terminal Railroad, Inc.
Genesee & Wyoming, Inc. (GWI) has filed a notice of exemption to
continue in control of the Corpus Christi Terminal Railroad, Inc.
(CCPN), upon CCPN's becoming a Class III railroad.
The transaction was expected to be consummated on or after August
1, 1997.
This transaction is related to STB Finance Docket No. 33436, Corpus
Christi Terminal Railroad, Inc.--Lease and Operation Exemption--Port of
Corpus Christi Authority of Nueces County, Texas, Union Pacific
Railroad Company, Southern Pacific Transportation Company, The Texas
Mexican Railway Company and The Burlington Northern and Santa Fe
Railway Company, wherein CCPN seeks to acquire and operate certain rail
lines from Port of Corpus Christi Authority of Nueces County, Texas.
GWI directly controls one existing Class II rail carrier
subsidiary: Buffalo & Pittsburgh Railroad, Inc., operating in New York
and Pennsylvania. GWI directly controls 11 existing Class III rail
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; 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; Pittsburg & Shawmut Railroad,
Inc., operating in Pennsylvania; and Portland & Western Railroad, Inc.,
operating in Oregon.
GWI indirectly controls 3 Class III rail carriers through its
ownership of Rail Link, Inc.: Carolina Coastal Railway, Inc., operating
in North Carolina; Commonwealth Railway, Inc., operating in Virginia;
and Talleyrand Terminal Railroad, Inc., operating in Florida.
GWI states that: (i) The rail lines to be operated by CCPN do not
connect with any railroad in the corporate family; (ii) the transaction
is not part of a series of anticipated transactions that would connect
CCPN with any railroads in the 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).
As a condition to this exemption, the continuance in control of
CCPN by GWI is subject to the labor protection requirements of 49
U.S.C. 11326(b).
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. 33437, 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, West Chester, PA 19381-0796.
Decided: August 5, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary,
[FR Doc. 97-21548 Filed 8-13-97; 8:45 am]
BILLING CODE 4915-00-P
