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

Riepilogo

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 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. ---------------------------------------------------------------------------