[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Page 76097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29561]



[[Page 76097]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35183]


Genesee & Wyoming Inc.--Control Exemption--Georgia Southwestern 
Railroad, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice of Exemption.

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SUMMARY: The Board grants an exemption, under 49 U.S.C. 10502, from the 
prior approval requirements of 49 U.S.C. 11323-25 for Genesee & Wyoming 
Inc. (GWI), a noncarrier, to acquire indirect control of Georgia 
Southwestern Railroad, Inc. (GSWR), subject to labor protective 
conditions. Pursuant to the Stock Purchase Agreement entered into by 
and among GSW Acquisition Sub Inc. (GSW Sub), GWI, Terry R. Small, and 
David L. Smoot, GSW Sub will acquire direct control of GSWR, and 
because GSW Sub is a wholly owned direct subsidiary of GWI, GWI will 
acquire indirect control of GSWR. GWI is a holding company that 
directly or indirectly controls one Class II rail carrier, 28 Class III 
railroads,\1\ two limited liability companies, and additional railroads 
with two wholly owned subsidiaries that are noncarrier holding 
companies.
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    \1\ On October 1, 2008, GWI filed a petition for exemption under 
49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 
11323-25, in STB Finance Docket No. 35177, Genesee & Wyoming Inc.--
Control Exemption--Aliquippa & Ohio River Railroad Co., et al., to 
acquire control of Summit View, Inc. (Summit View), a noncarrier, 
and thereby acquire control of 10 additional Class III railroads 
that are controlled by Summit View.

DATES: This exemption will be effective on January 14, 2009. Petitions 
to stay must be filed by December 26, 2008. Petitions to reopen must be 
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filed by January 5, 2009.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to STB Finance Docket No. 35183, to: Surface Transportation Board, 395 
E Street, S.W., Washington, DC 20423-0001. In addition, send one copy 
of pleadings to Kevin M. Sheys, K&L Gates LLP, 1601 K Street, NW., 
Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Melissa Ziembicki, (202) 245-0386 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339].

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at ``http://www.stb.dot.gov.''

    Decided: December 9, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-29561 Filed 12-12-08; 8:45 am]
BILLING CODE 4915-01-P