SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_33437_0

Case Title:  
GENESEE & WYOMING INC.--CONTINUANCE IN CONTROL EXEMPTION--CORPUS CHRISTI TERMINAL RAILROAD, INC.

Decision Type:  
Notice

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
NOTICE OF A CONTINUANCE IN CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Decision Attachments

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    Full Text of Decision

28127

SERVICE DATE - AUGUST 14, 1997

DO

FR-4915-00-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33437]

Genesee & Wyoming Inc.--Continuance in Control Exemption--Corpus Christi Terminal Railroad, Inc.

Genesee & Wyoming, Inc. (GWI) has filed a notice of exemption to continue in control of the Corpus Christi Terminal Railroad, Inc. (CCPN), upon CCPN's becoming a Class III railroad.

The transaction was expected to be consummated on or after August 1, 1997.

This transaction is related to STB Finance Docket No. 33436, Corpus Christi Terminal Railroad, Inc.--Lease and Operation Exemption--Port of Corpus Christi Authority of Nueces County, Texas, Union Pacific Railroad Company, Southern Pacific Transportation Company, The Texas Mexican Railway Company and The Burlington Northern and Santa Fe Railway Company, wherein CCPN seeks to acquire and operate certain rail lines from Port of Corpus Christi Authority of Nueces County, Texas.

GWI directly controls one existing Class II rail carrier subsidiary: Buffalo & Pittsburgh Railroad, Inc., operating in New York and Pennsylvania. GWI directly controls 11 existing Class III rail carrier subsidiaries: Genesee & Wyoming Railroad Company, Inc., operating in western New York; Dansville and Mount Morris Railroad Company, operating in New York; Rochester & Southern Railroad, Inc., operating in New York; Louisiana & Delta Railroad, Inc., operating in Louisiana; Bradford Industrial Rail, Inc., operating in Pennsylvania and New York; Allegheny & Eastern Railroad, Inc., operating in Pennsylvania; Willamette & Pacific Railroad, Inc., operating in Oregon; GWI Switching Services, operating in Texas; Illinois & Midland Railroad, Inc., operating in Illinois; Pittsburg & Shawmut Railroad, Inc., operating in Pennsylvania; and Portland & Western Railroad, Inc., operating in Oregon.

GWI indirectly controls 3 Class III rail carriers through its ownership of Rail Link, Inc.: Carolina Coastal Railway, Inc., operating in North Carolina; Commonwealth Railway, Inc., operating in Virginia; and Talleyrand Terminal Railroad, Inc., operating in Florida.

GWI states that: (i) the rail lines to be operated by CCPN do not connect with any railroad in the corporate family; (ii) the transaction is not part of a series of anticipated transactions that would connect CCPN with any railroads in the 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).

As a condition to this exemption, the continuance in control of CCPN by GWI is subject to the labor protection requirements of 49 U.S.C. 11326(b).

If the 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. 33437, must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Eric M. Hocky, Esq., Gollatz, Griffin & Ewing, P.C., 213 West Miner Street, West Chester, PA 19381-0796.

Decided: August 5, 1997.

By the Board, David M. Konschnik, Director, Office of Proceedings.





Vernon A. Williams

Secretary