[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.<SUP>1</SUP>
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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