[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2645-2646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-984]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34454]


Genesee & Wyoming Inc.--Control Exemption--Chattahoochee 
Industrial Railroad

    Genesee & Wyoming Inc. (GWI), a noncarrier, has filed a notice of 
exemption to permit GWI to acquire control of Chattahoochee Industrial 
Railroad (CIRR) by purchase of all of CIRR's stock from Great Northern 
Nekoosa Corp., a subsidiary of Georgia Pacific Corporation. CIRR is a 
Class III carrier operating in Georgia, between Hilton, GA, and 
Saffold, GA.
    The CIRR transaction was scheduled to be consummated on or after 
December 26, 2003, the effective date of the exemption (7 days after 
the notice was filed).
    GWI directly controls one Class II carrier (Buffalo & Pittsburgh 
Railroad, Inc., operating in New York and Pennsylvania) and 15 Class 
III carriers (Allegheny & Eastern Railroad, Inc., operating in 
Pennsylvania; Bradford Industrial Rail, Inc., operating in Pennsylvania 
and New York; Corpus Christi Terminal Railroad, Inc., operating in 
Texas; Dansville and Mount Morris Railroad Company, operating in New 
York; Genesee & Wyoming Railroad Company, Inc., operating in New York; 
Golden Isles Terminal Railroad, Inc., operating in Georgia; Illinois & 
Midland Railroad, Inc., operating in Illinois; Louisiana & Delta 
Railroad, Inc., operating in Louisiana; Pittsburg & Shawmut Railroad, 
Inc., operating in Pennsylvania; Portland & Western Railroad, Inc., 
operating in Oregon; Rochester & Southern Railroad, Inc., operating in 
New York; Savannah Port Terminal Railroad Inc., operating in Georgia; 
South Buffalo Railway Company, operating in New York; Utah Railway 
Company, operating in Colorado and Utah; and Willamette & Pacific 
Railroad, Inc., operating in Oregon).
    GWI indirectly controls eight additional Class III carriers. 
Through its ownership of noncarrier Rail Link, Inc., GWI indirectly 
controls two Class III carriers (Commonwealth Railway, Inc., operating 
in Virginia; and Talleyrand Terminal Railroad, Inc., operating in 
Florida). Through its ownership of Emons Transportation Group, Inc., 
which in turns owns Emons Railroad Group, Inc., GWI indirectly controls 
three Class III carriers (St. Lawrence & Atlantic Railroad Company, 
operating in Vermont, New Hampshire, and Maine; St. Lawrence & Atlantic 
Railroad (Quebec) Inc., operating in Vermont; and York Railway Company, 
operating in Pennsylvania). Through its ownership of Utah Railway 
Company, GWI indirectly controls one Class III carrier (Salt Lake City 
Southern Railroad Company, operating in Utah). Finally, through its 
ownership of Emons Transportation Group, Inc., GWI indirectly controls 
two non-operating Class III carriers (Maryland and Pennsylvania 
Railroad, LLC; and Yorkrail, LLC) that separately hold the

[[Page 2646]]

rail assets over which York Railway Company operates.
    GWI states: (i) That the rail lines involved in the CIRR 
transaction do not connect with any rail lines now controlled, directly 
or indirectly, by GWI; (ii) that the CIRR transaction is not part of a 
series of anticipated transactions that would connect any of these rail 
lines with each other; and (iii) that the CIRR transaction does not 
involve a Class I carrier. Therefore, the CIRR transaction is exempt 
from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(2).
    The notice of exemption filed with respect to the CIRR transaction 
is related to the concurrently filed petition for exemption in STB 
Finance Docket No. 34453, Genesee & Wyoming Inc.--Control Exemption--
Arkansas, Louisiana & Mississippi Railroad Company and Fordyce & 
Princeton Railroad Company, wherein GWI seeks to acquire control of two 
Class III carriers (Arkansas, Louisiana & Mississippi Railroad Company 
(AL&M) and Fordyce & Princeton Railroad Company (F&P)) by purchase of 
all of the stock of each from Georgia Pacific Corporation. Because the 
line operated by AL&M connects with the line operated by F&P, the AL&M/
F&P transaction is not covered by the 49 CFR 1180.2(d)(2) class 
exemption.
    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. Because the CIRR transaction 
involves at least one Class II and one or more Class III rail carriers, 
the exemption is subject to the labor protection requirements of 49 
U.S.C. 11326(b).
    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. 34454, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Troy W. Garris, Weiner Brodsky 
Sidman Kider PC, 1300 Nineteenth Street, NW., Fifth Floor, Washington, 
DC 20036-1609.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 12, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-984 Filed 1-15-04; 8:45 am]
BILLING CODE 4915-00-P