[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8108]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34671]


Genesee & Wyoming Inc.--Continuance in Control Exemption--First 
Coast Railroad, Inc.

    Genesee & Wyoming Inc. (GWI) has filed a verified notice of 
exemption to continue in control of First Coast Railroad, Inc. (FCRD), 
upon FCRD's becoming a Class III rail carrier.
    The transaction was expected to be consummated on or after April 9, 
2005.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34670, First Coast Railroad, 
Inc.--Lease and Operation Exemption--CSX Transportation, Inc., wherein 
FCRD seeks to acquire by lease from CSX Transportation, Inc. and 
operate approximately 31.83 miles of rail line in Florida and Georgia.
    GWI is a noncarrier holding company that directly or indirectly 
controls one operating Class II rail carrier and 22 operating and four 
non-operating Class III rail carriers.\1\
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    \1\ The common control of these carriers was authorized in 
Genesee & Wyoming, Inc.--Continuance in Control Exemption--Tazewell 
& Peoria Railroad, Inc., STB Finance Docket No. 34545 (STB served 
Oct. 1, 2004).
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    Applicant states that: (1) The lines being leased and operated by 
FCRD do not connect with any other rail lines in its corporate family; 
(2) the continuance in control is not part of a series of anticipated 
transactions that would connect the leased lines with any other rail 
lines in GWI's corporate family; and (3) 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. Because the transaction 
involves one Class II and a number of 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. 34671, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Eric M. Hocky, Gollatz, Griffin 
& Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., 
Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 18, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8108 Filed 4-22-05; 8:45 am]
BILLING CODE 4915-01-P