[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Page 38420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16305]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34357]


Eyal Shapira--Continuance in Control Exemption--New York and 
Eastern Railway LLC and Raritan Central Railway L.L.C.

    Eyal Shapira (Shapira), an individual, has filed a verified notice 
of exemption to continue in control of New York and Eastern Railway LLC 
(NY&E), upon NY&E becoming a Class III rail carrier.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34358, New York and 
Eastern Railway LLC--Lease, Operation, and Future Purchase Exemption--
New York Central Lines, LLC and CSX Transportation, Inc., wherein NY&E 
seeks to lease and operate (with an option to purchase) approximately 
4.7 miles of rail line and associated property presently owned by New 
York Central Lines, LLC and operated by CSX Transportation, Inc, in the 
Town and City of Poughkeepsie, Dutchess County, NY.
    Shapira owns a majority interest and controls one existing Class 
III rail carrier: Raritan Central Railway, L.L.C., that operates in the 
Townships of Edison and Woodbridge, in Middlesex County, NJ.
    Shapira states that: (1) The railroads do not connect with each 
other or any railroad in their corporate family; (2) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the railroads with each other or any railroad in their 
corporate family; and (3) 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. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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 will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34357, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 23, 2003.
    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-16305 Filed 6-26-03; 8:45 am]
BILLING CODE 4915-00-P