[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10691]


[[Page Unknown]]

[Federal Register: May 4, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32482]

 

Genesee and Wyoming Industries, Inc.; Continuance in Control 
Exemption; GWI Switching Services, L.P.

    Genesee and Wyoming Industries, Inc. (GWI), has filed a notice of 
exemption to continue in control of GWI Switching Services, L.P. 
(GWISS),\1\ upon GWISS becoming a class III rail carrier.
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    \1\GWI Dayton, Inc., a wholly owned subsidiary of GWI, is the 
sole general partner of GWISS and has exclusive management control.
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    GWISS, a noncarrier, has concurrently filed a notice of exemption 
in Finance Docket No. 32481, GWI Switching Services, L.P.--Operation 
Exemption--Southern Pacific Transportation Company, to operate a rail 
car storage yard owned by CMC Railroad I Ltd., and to operate under 
trackage rights over a railroad line owned by Southern Pacific 
Transportation Company (SP) between SP's rail yard and CMC's yard in 
the vicinity of Dayton, TX.\2\ That transaction was expected to be 
consummated on or after April 5, 1994.
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    \2\Brotherhood of Locomotive Engineers (BLE) has filed a 
petition to reject the notices of exemption and the United 
Transportation Union (UTU) has filed a petition to revoke the 
notices of exemption and a motion to stay the transaction. BLE 
argues that the notices should be rejected because the Commission 
does not have jurisdiction over the transaction in Finance Docket 
No. 32481, as it involves yard operations which are exempt under 49 
U.S.C. 10907 and not operations over a line of railroad under 49 
U.S.C. 10901 and 49 CFR 1150.1. UTU argues that the exemption in 
Finance Docket No. 32481 should be revoked, alleging that this is a 
sham transaction to avoid Commission regulation and labor protective 
conditions under 49 U.S.C. 11343. These issues will be addressed in 
a separate decision.
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    GWI also directly controls eight existing class III common carriers 
by rail: the Allegheny & Eastern Railroad, Inc., the Bradford 
Industrial Rail, Inc., Buffalo & Pittsburgh Railroad, Inc., the 
Dansville and Mount Morris Railroad, the Louisiana & Delta Railroad, 
Inc., the Rochester & Southern Railroad, Inc., and the Willamette & 
Pacific Railroad, Inc.
    GWI indicates that: (1) The rail lines to be acquired and operated 
will not connect with any of GWI's rail subsidiaries; (2) the 
continuance in control is not a part of a series of anticipated 
transactions that would connect the railroads with each other or any 
other railroad in their corporate family; and (3) the transaction does 
not involve a class I carrier. The transaction therefore is exempt from 
the prior approval requirements of 49 U.S.C. 11343. See 49 CFR 
1180.2(d)(2).
    As a condition to use of this exemption, any employees affected by 
the transaction will be protected by the conditions set forth in New 
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
    Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be 
filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: James B. Gray, Jr., 700 Midtown Tower, 
Rochester, NY 14604.

    Decided: April 28, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-10691 Filed 5-3-94; 8:45 am]
BILLING CODE 7035-01-P