[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Page 34311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16241]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33756]


Delaware Transportation Group, Inc.--Continuance in Control 
Exemption--Diamond State Port Railway Company, Inc.

    Delaware Transportation Group, Inc. (DTGI), has filed a notice of 
exemption to continue in control of Diamond State Port Railway Company, 
Inc. (DSPR), upon DSPR's becoming a Class III railroad.
    The transaction was scheduled to be consummated on or shortly after 
June 4, 1999.
    This transaction is related to two simultaneously filed verified 
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 Diamond State Port 
Corporation and F.A. Potts & Company International, Inc., and STB 
Finance Docket No. 33757, Delaware Transportation Group, Inc.--
Corporate Family Exemption--Diamond State Port Railway Company, Inc., 
and Gettysburg Railway Company, Inc., wherein DTGI will become the 
parent company for its affiliates Gettysburg Railway Company, Inc., 
(GRCI) and DSPR.
    In addition to its control of DSPR, DTGI will control one 
previously existing Class III railroad: GRCI, operating in the State of 
Pennsylvania.1
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    \1\ See Gettsyburg Railway Company, Inc.--Lease and Operate 
Exemption--Delaware Transportation Group, Inc., STB Finance Docket 
No. 33504 (STB served Nov. 21, 1997).
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    DTGI states that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) the transaction 
is not part of a series of anticipated transactions that would connect 
the railroads with each other or any railroad in their 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 verified 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. 33756, 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. 99-16241 Filed 6-24-99; 8:45 am]
BILLING CODE 4915-00-P