[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Notices]
[Page 13568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7421]



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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32863] 1,2


Genesee & Wyoming, Inc.--Continuance in Control Exemption--
Illinois & Midland Railroad, Inc.

    Genesee & Wyoming, Inc. (GWI), a noncarrier, has filed a verified 
notice under 49 CFR 1180.2(d)(2) to continue in control of Illinois & 
Midland Railroad, Inc. (IMR), upon IMR's becoming a Class III rail 
carrier. IMR, a noncarrier, has concurrently filed a notice of 
exemption in Illinois & Midland Railroad, Inc.--Acquisition and 
Operation Exemption--Chicago & Illinois Midland Railway Company, STB 
Finance Docket No. 32862, in which IMR seeks to acquire and operate 98 
miles of rail lines of Chicago & Illinois Midland Railway Company 
(CIMR), in the State of Illinois. IMR also seeks to acquire the 
interest of CIMR in 25.4 miles of overhead trackage rights in the State 
of Illinois. The transaction was to have been consummated on or about 
February 8, 1996.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 11323.
    2 A notice in this proceeding was previously served by the 
Board and published in the Federal Register on March 1, 1996. A 
corrected notice is being issued because the earlier notice imposed 
labor protective conditions that the Board may no longer impose 
under the Act for transactions such as this one that are the subject 
of notices of exemption filed after the January 1, 1996 effective 
date of the Act.
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    GWI also controls through stock ownership 9 other nonconnecting 
Class III rail carriers: Genesee & Wyoming Railroad Company; Dansville 
and Mount Morris Railroad Company; Rochester & Southern Railroad, Inc.; 
Louisiana & Delta Railroad, Inc.; Buffalo & Pittsburgh Railroad, Inc.; 
Bradford Industrial Rail, Inc.; Allegheny & Eastern Railroad, Inc.; 
Willamette & Pacific Railroad, Inc.; and GWI Switching Services.3

    \3\ Also, GWI has in Genesee & Wyoming Industries, Inc.--
Continuance in Control Exemption--Portland & Western Railroad, 
Finance Docket No. 32759, a pending petition for exemption to 
continue in control of a connecting Class III railroad.
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    The transaction is exempt from the prior approval requirements of 
49 U.S.C. 11323 [formerly section 11343] because: (1) the railroads 
will not connect with each other or with any railroad in their 
corporate family; (2) the continuance in control is not part of a 
series of anticipated transactions that would connect the railroads 
with each other or with any railroad in their corporate family; and (3) 
the transaction does not involve a Class I carrier.
    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 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) [formerly section 
10505(d)] may be filed at any time. The filing of a petition to reopen 
will not automatically stay the transaction. An original and 10 copies 
of all pleadings, referring to STB Finance Docket No. 32863, must be 
filed with the Office of the Secretary, Case Control Branch, Surface 
Transportation Board, 1201 Constitution Ave., N.W., Washington, DC 
20423. In addition, a copy of each pleading must be served on Eric M. 
Hocky, Esq., Gollatz, Griffin & Ewing, P.O. Box 796, 213 West Miner 
St., West Chester, PA 19381-0796.

    Decided: February 22, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-7421 Filed 3-26-96; 8:45 am]
BILLING CODE 4915-00-P