[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Page 56769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22261]



Surface Transportation Board

[Docket No. FD 35764]

Genesee & Wyoming Inc.--Corporate Family Transaction Exemption

    Genesee & Wyoming Inc. (GWI), a noncarrier holding company, filed a 
verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate 
family transaction within the family of business entities in which it 
owns controlling interests.
    According to GWI, it currently controls, directly and indirectly, 
101 U.S. railroads. Applicant proposes to merge two of its intermediate 
holding company subsidiaries, GSW Acquisition Sub, Inc. and MMID 
Holding, Inc., with and into their respective Class III common carrier 
subsidiaries, Georgia Southwestern Railroad Company, Inc. (GSWR) and 
Maryland Midland Railway, Inc. (MMID). According to GWI, upon 
consummation of the mergers, it will have direct instead of indirect 
control of GSWR and MMID.
    Applicant anticipates consummating the proposed transaction on or 
after September 27, 2013, the effective date of the exemption (30 days 
after the exemption was filed).
    GWI states that the purpose of the proposed transaction is to 
eliminate two unnecessary intermediate subsidiaries, which will save 
unnecessary accounting and corporate maintenance.
    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). GWI 
states that the transaction will not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with carriers outside the corporate family.
    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 GWI controls one Class 
II rail carrier \1\ and one or more Class III rail carriers, the 
transaction is subject to the labor protection requirements of 49 
U.S.C. 11326(b) and Wisconsin Central Ltd.--Acquisition Exemption--
Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997).

    \1\ The Class II rail carrier is Buffalo & Pittsburgh Railroad, 
Inc. See Genesee & Wyoming Inc.--Control--RailAmerica, Inc., FD 
35654, slip op. at 9 (STB served Dec. 20, 2012).

    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 effectiveness of the exemption. 
Petitions for stay must be filed no later than September 20, 2013 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35764, 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 counsel for GWI, Eric M. Hocky, Clark Hill 
Thorp Reed, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 

    Decided: September 9, 2013.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-22261 Filed 9-12-13; 8:45 am]