[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Pages 34310-34311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16239]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33757]


Delaware Transportation Group, Inc.--Corporate Family Exemption--
Diamond State Port Railway Company, Inc., and Gettysburg Railway 
Company, Inc.

    Delaware Transportation Group, Inc. (DTGI), a Class III rail common 
carrier, has filed a notice of exemption. The exempt transaction 
involves restructuring of the corporate family. John H. Marino owns a 
controlling interest in DTGI and Gettysburg Railway Company, Inc. 
(GRCI).1 Through the transaction covered by this filing, the 
relationship between DTGI and GRCI would change from one between 
corporate siblings to one where DTGI would become the parent company of 
GRCI. DTGI would also control Diamond State Port Railway Company. Inc. 
(DSPR).
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    \1\ See John H. Marino--Continuance in Control Exemption--
Delaware Transportation Group, Inc., Gettysburg Railway Company, 
Inc., and Evansville Terminal Company, Inc., STB Finance Docket No. 
33505 (STB served Nov. 21, 1997). As indicated in DTGI's notice, Mr. 
Marino never acquired any controlling interest in the Evansville 
Terminal Company, Inc.
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    The transaction was scheduled to be consummated on or shortly after 
June 4, 1999.
    This transaction is related to two simultaneously filed notices of 
exemption in STB Finance Docket No. 33755, Diamond State Port Railway, 
Inc.--Lease and Operation Exemption--Diamond State Corporation and F.A. 
Potts & Company International, Inc., wherein DSPR seeks to lease and 
operate certain rail lines of the Diamond State Port Corporation and 
F.A. Potts & Company International, Inc., and STB Finance Docket No. 
33756, Delaware Transportation Group, Inc.--Continuance in Control 
Exemption--Diamond State Port Railway Company, Inc., wherein DTGI seeks 
to continue in control of DSPR, upon its becoming a

[[Page 34311]]

Class III rail carrier as well as to control one existing railroad 
(GRCI).2
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    \2\ See Gettysburg Railway Company, Inc.--Lease and Operation 
Exemption--Delaware Transportation Group, Inc., STB Finance Docket 
No. 33504 (STB served Nov. 21, 1997).
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    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family.
    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 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. 33757, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Robert A. Wimbish, Rea, Cross, & Auchincloss, 1707 L Street, 
NW., Suite 570, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 21, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-16239 Filed 6-24-99; 8:45 am]
BILLING CODE 4915-00-P