[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Page 17486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8418]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34186]


David W. Wulfson, Gary E. Wulfson, Lisa W. Cota, Richard C. 
Szuch, and Peter A. Szuch--Control Exemption--The New York and 
Ogdensburg Railway Company, Inc.

    David W. Wulfson, Gary E. Wulfson, Lisa W. Cota, Richard C. Szuch, 
and Peter A. Szuch, noncarrier individuals (applicants), have filed a 
verified notice of exemption to acquire control through stock ownership 
of The New York and Ogdensburg Railway Company, Inc. (NYOG), a 
noncontiguous Class III railroad.\1\
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    \1\ See The New York & Ogdensburg Railway Company, Inc.--Lease 
and Operation Exemption-Ogdensburg Bridge & Port Authority, STB 
Finance Docket No. 33658 (STB served Oct. 1, 1998).
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    The transaction was scheduled to be consummated on or after March 
22, 2002, the effective date of the exemption.
    Applicants control four other Class III rail carriers: Vermont 
Railway, Inc., and Clarendon & Pittsford Railroad Company, both 
operating in the States of Vermont and New York; Green Mountain 
Railroad Corporation, operating in the States of Vermont and New 
Hampshire; and Washington County Railroad Company, operating in the 
State of Vermont. Applicants are proposing to acquire 175 shares (a 
majority) of common stock in NYOG. Of the 175 shares, David W. Wulfson, 
Lisa W. Cota, and Gary E. Wulfson agreed to purchase 43.75 shares each 
and Richard C. Szuch and Peter A. Szuch agreed to purchase 21.875 each.
    Applicants states: (i) The properties of subsidiaries and 
affiliates will not connect with each other; (ii) the acquisition and 
continuance in control are not part of a series of anticipated 
transactions that would connect the rail lines of subsidiaries and 
affiliates with each other; 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).
    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. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    If the verified notice contains false or misleading information, 
the exemption is void ab intito. 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. 34186, must be filed with the Surface Transportation Board, 
Office of Secretary, Case Control Unit, 1925 K Street, NW., Washington, 
DC 20423-0001. In addition, a copy of each pleading must be served on 
Andrew P. Goldstein, McCarthy, Sweeney & Harkaway, P.C., Suite 600, 
2175 K Street, NW., Washington, DC 20037.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 2, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-8418 Filed 4-9-02; 8:45 am]
BILLING CODE 4915-00-P