[Federal Register Volume 61, Number 223 (Monday, November 18, 1996)]
[Notices]
[Pages 58739-58740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29437]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33291]


Genesee & Wyoming Inc.--Control Exemption--Rail Link, Inc.

    Genesee & Wyoming Inc. (GWI), a noncarrier holding company, has 
filed a notice of exemption to acquire control through stock ownership 
of Rail Link, Inc. (Rail Link), a noncarrier holding company. Rail Link 
controls three separate Class III railroads as follows: Carolina 
Coastal Railway, Inc. (CLNA); Commonwealth Railway, Inc. (CWRY); and 
Talleyrand Terminal Railroad (TRR).1
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    \1\ GWI is acquiring all of the outstanding capital stock of 
Rail Link and will indirectly control CLNA, CWRY, and TRR.
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    The transaction will be consummated on or after November 8, 1996.

[[Page 58740]]

    GWI controls 11 existing Class III carrier subsidiaries: Genesee & 
Wyoming Railroad Company, Inc., operating in western New York; 
Dansville and Mount Morris Railroad Company, operating in New York; 
Rochester & Southern Railroad, Inc., operating in New York; Louisiana & 
Delta Railroad, Inc., operating in Louisiana; Buffalo & Pittsburgh 
Railroad, Inc., operating in New York and Pennsylvania; Bradford 
Industrial Rail, Inc., operating in Pennsylvania and New York; 
Allegheny & Eastern Railroad, Inc., operating in Pennsylvania; 
Willamette & Pacific Railroad, Inc., operating in Oregon; GWI Switching 
Services, operating in Texas; Illinois & Midland Railroad, Inc., 
operating in Illinois; and Pittsburg & Shawmut Railroad, Inc., 
operating in Pennsylvania.
    GWI states that (i) CLNA, CWRY, and TRR will not connect with any 
railroad in the GWI corporate family; (ii) the acquisition of control 
is not part of a series of anticipated transactions that would connect 
the Rail Link subsidiaries with any railroad in the GWI 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. 33291, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Eric M. Hocky, Esq., Gollatz, Griffin, & 
Ewing, P.C., 213 W. Miner Street, P.O. Box 796, West Chester, PA 19381-
0796.

    Decided: November 7, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-29437 Filed 11-15-96; 8:45 am]
BILLING CODE 4915-00-P