[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: 94-10692]


[[Page Unknown]]

[Federal Register: May 4, 1994]


-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32481]

 

GWI Switching Services, L.P. Operation Exemption; Rail Lines of 
Southern Pacific Transportation Company

    GWI Switching Services, L.P. (GWISS), whose general partner is 
noncarrier GWI Dayton, Inc., has filed a notice of exemption to operate 
a rail car storage yard owned by CMC Railroad I Ltd. (CMC), and to 
operate under incidental trackage rights over a rail owned by Southern 
Pacific Transportation Company (SP) between CMC's yard and SP's rail 
yard in the vicinity of Dayton, TX. SP's rail car storage yard is 
located at Lafayette Main Line SP milepost 328.0; CMC's rail car 
storage has entrance connections at Baytown Branch SP mileposts 2.0 and 
3.3. The incidental trackage rights cover the rail line between the two 
rail yards from the Baytown Branch SP milepost 5.0 to Baytown Branch SP 
milepost 0.0, which is also Lafayette Main Line SP milepost 327.8, and 
then from that point to the entrance to the SP yard at Lafayette Main 
Line SP milepost 328.0. The proposed transaction was expected to be 
consummated on or after April 5, 1994.\1\
---------------------------------------------------------------------------

    \1\Under 49 CFR 1150.32(b), a notice of exemption does not 
become effective until 7 days after filling. Here, because the 
notice was not filed until March 29, 1994, consummation should not 
have taken place until on or after April 5, 1994. Applicant's 
verified notice of exemption states that consummation is scheduled 
for on or about April 4, 1994, or immediate following the effective 
date of the notice, whichever is later.
---------------------------------------------------------------------------

    This proceeding is related to Finance Docket No. 32482, Genesee and 
Wyoming Industries, Inc.--Continuance in Control Exemption--GWI 
Switching Services, L.P., wherein Genesee and Wyoming Industries, Inc., 
has concurrently filed a notice of exemption under 1180.2(d)(2) to 
continue in control of GWISS and eight other class III rail carriers\2\ 
when GWISS becomes a class III rail carrier upon consummation of the 
transaction described in this notice.\3\
---------------------------------------------------------------------------

    \2\Allegheny & Eastern Railroad, Inc., Bradford Industrial Rail, 
Inc., Buffalo & Pittsburgh Railroad, Inc., Dansville and Mount 
Morris Railroad Company, Genesee and Wyoming Railroad Company, 
Louisiana & Delta Railroad, Inc., Rochester & Southern Railroad, 
Inc., and Willamette & Pacific Railroad, Inc.
    \3\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.
---------------------------------------------------------------------------

    Any comments must be filed with the Commission and served on: James 
B. Gray, Jr., 700 Midtown Tower, Rochester, New York, NY 14604.
    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
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.

    Decided: April 28, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-10692 Filed 5-3-94; 8:45 am]
BILLING CODE 7035-01-P