[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Notices]
[Page 21443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10552]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34016]


Livonia, Avon & Lakeville Railroad Corporation-Continuance in 
Control Exemption-Western New York & Pennsylvania Railroad, LLC

    Livonia, Avon & Lakeville Railroad Corporation (LAL), a Class III 
rail carrier, has filed a verified notice of exemption to continue in 
control of Western New York & Pennsylvania Railroad, LLC (WNYP), upon 
WNYP's becoming a carrier.
    This transaction is related to STB Finance Docket No. 34017, 
<IT>Western New York & Pennsylvania Railroad, LLC--Lease and Operation 
Exemption--Norfolk Southern Railway Company and Pennsylvania Lines LLC, 
<RM>wherein WNYP seeks to sublease and operate a line of railroad 
approximately 145.2 miles long in Steuben, Allegany, Cattaraugus and 
Chautauqua Counties, NY, and Erie County, PA.
    According to the verified notice of exemption, LAL expects to 
continue in control of WNYP once WNYP becomes a rail carrier after 
approval or exemption of that transaction. The earliest the transaction 
could have been consummated was April 19, 2001, the effective date of 
the exemption (7 days after the exemption was filed).
    At the time it filed the notice, LAL owned and controlled one 
existing Class III rail carrier: Ontario Central Railroad Corporation, 
which operates in New York.
    LAL states that: (i) LAL will not connect with the rail lines of 
any existing carrier in the LAL family; (ii) the continuance in control 
is not part of a series of anticipated transactions that would result 
in such a connection; 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. <IT>See <RM>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 notice contains false or misleading information, the 
exemption is void <IT>ab initio<RM>. 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. 34016, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Kevin M. Sheys, Esq., Kirkpatrick & Lockhart LLP, 1800 
Massachusetts Avenue, Second Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``www.stb.dot.gov.''

    Dated: April 23, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-10552 Filed 4-27-01; 8:45 am]
BILLING CODE 4915-00-P