[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Page 3195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1363]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34447]


Buffalo & Pittsburgh Railroad, Inc., Allegheny & Eastern 
Railroad, Inc., Pittsburg & Shawmut Railroad, Inc., and Bradford 
Industrial Rail, Inc.--Corporate Family Transaction Exemption

    Buffalo & Pittsburgh Railroad, Inc. (BPRR), Allegheny & Eastern 
Railroad, Inc. (ALY), Pittsburg & Shawmut Railroad, Inc. (PSRR), and 
Bradford Industrial Rail, Inc. (BIR) (collectively, applicants),\1\ 
have filed a verified notice of exemption under the Board's class 
exemption procedures at 49 CFR 1180.2(d)(3) to merge ALY, PSRR and BIR 
into BPRR, with BPRR as the surviving entity.
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    \1\ BPRR is a Class II carrier operating in western New York and 
western Pennsylvania. ALY, PSRR and BIR are all Class III carriers 
that operate in the same region of Pennsylvania. All of the involved 
corporations are wholly owned subsidiaries of Genessee & Wyoming, 
Inc. (GWI).
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    The transaction was expected to be consummated on January 1, 2004.
    This transaction is related to STB Finance Docket No. 34448, 
Allegheny & Eastern Railroad, LLC--Acquisition Exemption--Buffalo & 
Pittsburgh Railroad, Inc., and STB Finance Docket No. 34449, Pittsburg 
& Shawmut Railroad, LLC--Acquisition Exemption--Buffalo & Pittsburgh 
Railroad, Inc., wherein certain physical assets comprising the rail 
lines formerly operated by ALY and PSRR will be transferred to two 
newly formed wholly owned subsidiaries of BPRR. The operating authority 
of ALY and PSRR (along with that of BIR) will remain with BPRR.
    Applicants state that the transaction will not result in adverse 
changes in service levels, significant operational changes, or any 
change in the competitive balance with carriers outside the GWI 
corporate family. The merger will simplify GWI's corporate structure, 
streamline accounting, finance and management functions and facilitate 
improvements in operating efficiency for GWI's rail operations in 
western Pennsylvania and New York.
    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 the transaction 
involves one Class II rail carrier and one or more Class III rail 
carriers, the transaction will be made subject to the employee 
protective conditions described in 49 U.S.C. 11326(b).
    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. 34447, 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 Eric M. Hocky, Gollatz, Griffin 
& Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., 
Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 15, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-1363 Filed 1-21-04; 8:45 am]
BILLING CODE 4915-00-P