[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