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[Federal Register Volume 62, Number 239 (Friday, December 12, 1997)]
[Notices]
[Pages 65471-65472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32564]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33513]

CMC Railroad, Inc.--Operation Exemption--GWI Switching Services, 
L.P.

    CMC Railroad, Inc. (CMC RR), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to operate a railcar storage 
yard (the Yard) that has been operated by GWI Switching Services, L.P. 
(GWISS).1

[[Page 65472]]

GWISS is assigning to CMC RR the operating agreement that would permit 
CMC RR to operate the Yard. CMC RR will access the Yard at connections 
with the Baytown Branch of Union Pacific Railroad Company (which the 
verified notice describes as a former Southern Pacific Transportation 
Company (SP) line) in the vicinity of Dayton, TX, at SP mileposts 2.0 
and 3.3. Under the assignment by GWISS, CMC RR will also operate 10 
miles of incidental trackage rights (a) from Baytown Branch SP milepost 
5.0 to SP milepost 0.0 (also known as Lafayette Main Line SP milepost 
327.8), a distance of 5.0 miles; and (b) from Lafayette Main Line SP 
milepost 325.0 to SP milepost 330.0, a distance of 5.0 miles.
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    \1\ The real estate on which the Yard is located is owned by CMC 
Railroad I Ltd. (CMC I), which leases all improvements thereto from 
NCC Charlie Company, an unrelated noncarrier.
    GWISS has been operating the Yard and has been operating over 
incidental trackage rights pursuant to the class exemption at 49 CFR 
1150.31. See GWI Switching Services, L.P.--Operation Exemption--Rail 
Lines of Southern Pacific Transportation Company, Finance Docket No. 
32481 (ICC served May 3, 1994). The continuance in control of GWISS 
by Genesee and Wyoming Industries, Inc., is also exempt under the 
class exemption. See Genesee and Wyoming Industries, Inc.--
Continuance in Control Exemption--GWI Switching Services, L.P., 
Finance Docket No. 32482 (ICC served May 3, 1997). The Brotherhood 
of Locomotive Engineers and the United Transportation Union filed 
petitions to revoke these exemptions, which are pending before the 
Board. The publication of this notice of exemption does not reflect 
any assessment of the merits of the petitions to revoke. Should the 
Board decide to revoke GWISS's exemption to operate the Yard and 
trackage rights, this exemption of the assignment of GWISS's 
operating agreement to CMC RR may also be revoked.
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    The transaction was expected to be consummated after November 27, 
1997.
    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. 33513, 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, P.O. Box 796, West Chester, PA 19381-0796.

    Decided: December 5, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-32564 Filed 12-11-97; 8:45 am]
BILLING CODE 4915-00-P
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