62400 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

1RailAmerica will purchase the stock of CF from

Seaboard Corporation.

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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33504]

Gettysburg Railway Company, Inc.—

Lease and Operation Exemption—

Delaware Transportation Group, Inc.

Gettysburg Railway Company, Inc.

(GRCI), a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 to lease from Delaware

Transportation Group, Inc. (DTGI), and

to operate, approximately 23.4 miles of

rail line between approximately

milepost 31.2, at Gettysburg, PA, and

milepost 7.8, at Mt. Holly Springs, PA.

The transaction is scheduled to be

consummated on or after October 31,

1997.

This transaction is related to two

simultaneously filed notices of

exemption in 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., wherein John

H. Marino will continue in control of

GRCI, upon its becoming a Class III rail

carrier, and STB Finance Docket No.

33503, Delaware Transportation Group,

Inc.—Acquisition Exemption—Delaware

Valley Railway Company, Inc., wherein

DTGI will acquire the lines to be

operated by GRCI.

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. 33504, 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 20035.

Decided: November 17, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–30671 Filed 11–20–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33493]

RailAmerica, Inc.—Acquisition of

Control Exemption—Cape Fear

Railways, Inc.

RailAmerica, Inc. (RailAmerica), a

noncarrier, has filed a notice of

exemption to acquire, through stock

purchase, the Cape Fear Railways, Inc.

(CF), a Class III railroad, operating in the

State of North Carolina.1

The transaction was expected to be

consummated on or after October 17,

1997.

RailAmerica directly controls 11

common carrier Class III railroads

operating in 7 states: the Cascade and

Columbia River Railroad Company; the

Delaware Valley Railway Company,

Inc.; the St. Croix Valley Railroad

Company; the Gettysburg Railway; the

Huron & Eastern Railway Company,

Inc.; the Minnesota Northern Railroad,

Inc.; the Otter Tail Valley Railroad

Company; the Saginaw Valley Railway

Company, Inc; the West Texas &

Lubbock Railroad Company, Inc.; the

Dakota Rail, Inc.; and the South Central

Tennessee Railroad Company.

RailAmerica states that: (i) The rail

lines to be operated by CF 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 CF with

any railroad 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).

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. 33493, 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 Gary

Laakso, Esq., RailAmerica, Inc., 301

Yamato Road, Suite 1190, Boca Raton,

FL 33431.

Decided: November 17, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–30668 Filed 11–20–97; 8:45 am]

BILLING CODE 4915–00–P