[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Page 9925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04140]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36000]


Genesee & Wyoming Inc.--Continuance in Control Exemption--Olympia 
& Belmore Railroad, Inc.

    Genesee & Wyoming Inc. (GWI), a publicly traded noncarrier holding 
company, has filed a verified notice of exemption pursuant to 49 CFR 
1180.2(d)(2) to continue in control of Olympia & Belmore Railroad, Inc. 
(OBRR), a noncarrier, upon OBRR's becoming a Class III railroad.
    This transaction is related to a concurrently filed verified notice 
of exemption in Olympia & Belmore Railroad--Lease and Operation 
Exemption Including Interchange Commitment--BNSF Railway, Docket No. FD 
35999, wherein OBRR seeks Board approval under 49 CFR 1150.31 to lease 
from BNSF Railway Company (BNSF), and to operate, approximately 13.06 
miles of rail consisting of the following: (1) 5.50 miles of track 
between milepost 9.07 near Olympia, Wa., and milepost 14.57 near 
Belmore, Wa., in Thurston County, Wa.; (2) incidental overhead trackage 
rights over approximately 7.56 miles of Union Pacific Railroad Company 
track between East Olympia, Wa., and Olympia, Wa.; and (3) joint use of 
terminal trackage at Olympia, Wa.
    This transaction may be consummated on March 13, 2016, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed).
    GWI notes that it currently controls, directly or indirectly, two 
Class II carriers and 105 Class III carriers operating in the United 
States.
    GWI represents that: (1) None of the railroads controlled by GWI 
would connect with the line being leased and operated by OBRR; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect the line to be operated by OBRR with 
the rail lines of any carriers in GWI's corporate family; and (3) the 
transaction does not involve a Class I rail carrier. The proposed 
transaction is therefore exempt from the prior approval requirements of 
49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).
    GWI states that the proposed transaction will allow OBRR to take 
advantage of the administrative, financial, marketing and operational 
support that GWI and its existing subsidiary railroads can provide, 
thus promoting the ability of OBRR to provide safe and efficient 
service to their shippers.
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C 60 
(1979).
    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 would not automatically stay the effectiveness of 
the exemption. Petitions for stay must be filed no later than March 4, 
2016 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36000 must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on applicant's representative, Eric M. Hocky, 
Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV''.

    Decided: February 23, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-04140 Filed 2-25-16; 8:45 am]
 BILLING CODE 4915-01-P