[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Notices]
[Pages 58551-58552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28994]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34107]


Genesee & Wyoming Inc.--Control Exemption--South Buffalo Railway 
Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the prior 
approval requirements of 49 U.S.C. 11323, et seq., the acquisition by 
Genesee & Wyoming Inc. (GWI) of control of Class III rail carrier South 
Buffalo Railway Company. GWI is a noncarrier holding company that 
directly controls Buffalo & Pittsburgh Railroad, Inc., a Class II 
carrier operating in New York and Pennsylvania. GWI also directly 
controls 13 Class III rail carriers.\1\ GWI indirectly controls three 
Class III rail

[[Page 58552]]

carriers through its ownership of noncarrier Rail Link, Inc.\2\ In 
order to avoid an unlawful control violation, GWI has submitted, under 
49 CFR 1013, a proposed voting trust agreement. GWI requests expedited 
action on the exemption petition, which the Board is granting by making 
the exemption effective 15 days from the date of service rather than 
the normal 30 days. This request is addressed in the Board's decision.
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    \1\ Allegheny & Eastern Railroad, Inc., Bradford Industrial 
Rail, Inc., Corpus Christi Terminal Railroad, Inc., Dansville and 
Mount Morris Railroad Company, Genesee & Wyoming Railroad Company, 
Inc., Golden Isles Terminal Railroad, Inc., Savannah Port Terminal 
Railroad, Inc., Illinois & Midland Railroad, Inc., Louisiana & Delta 
Railroad, Inc., Pittsburgh & Shawmut Railroad, Inc., Portland & 
Western Railroad, Inc., Rochester and Southern Railroad, Inc., and 
Willamette & Pacific Railroad, Inc.
    \2\ Carolina Coastal Railway, Inc., Commonwealth Railway, Inc., 
and Talleyrand Terminal Railroad, Inc.

DATES: The exemption will be effective December 6, 2001. Petitions for 
stay must be filed by November 26, 2001. Petitions for reconsideration 
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must be filed by December 11, 2001.

ADDRESSES: Send an original and 10 copies of any pleadings referring to 
STB Finance Docket No. 34107 to: Surface Transportation Board, Office 
of the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, send one copy of any pleadings to petitioner's 
representatives: Jo A. DeRoche and Troy W. Garris, 1300 19th Street, 
NW., Washington, DC 20036-1609.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600 [TDD 
for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: Da 2 Da Legal, 1925 K Street NW., 
Suite 405, Washington, DC 20006. Telephone: (202) 293-7776. [Assistance 
for the hearing impaired is available through TDD services 1-800-877-
8339].
    Board decisions and notices are available on our web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 14, 2001.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.

Vernon A. Williams,
Secretary.
[FR Doc. 01-28994 Filed 11-20-01; 8:45 am]
BILLING CODE 4915-00-P