[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Notices]
[Pages 21443-21444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10551]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34017]


Western New York & Pennsylvania Railroad, LLC--Lease and 
Operation Exemption--Norfolk Southern Railway Company and Pennsylvania 
Lines LLC

    Western New York & Pennsylvania Railroad, LLC (WNYP), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
sublease (except for a 0.3-mile segment over which it will have 
trackage rights as described below) from Norfolk Southern Railway 
Company (NS) and operate a rail line in Steuben, Allegany, Cattaraugus 
and Chautauqua Counties, NY, and Erie County, PA (subject line).\1\ The 
subject line extends between approximately milepost 332, at Hornell, 
NY, and approximately milepost 60.5, at Corry, PA, a total distance of 
approximately 145.2 route miles.\2\ WNYP will acquire incidental 
trackage rights on the 0.3-mile portion of the subject line between 
approximately milepost 394.9 and approximately milepost 395.2. In 
addition, WNYP will acquire incidental trackage rights over 2.7 
additional miles of passing track between milepost 395.1 and 
approximately milepost 397.8.
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    \1\ The subject line is owned by the Chautauqua, Cattaraugus, 
Allegany and Steuben Southern Tier Extension Railroad Authority, 
currently leased by Pennsylvania Lines LLC, and operated by NS.
    \2\ According to the verified notice, the portions of the rail 
line east of Olean, NY, approximately milepost 394.9, and west of 
Lakewood, NY, approximately milepost 36.9, are presently out of 
service.
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    The parties report that they intend to consummate the transaction 
on the effective date of the exemption. The earliest the transaction 
could have been consummated was April 19, 2001 (7 days after the 
exemption was filed).
    This transaction is related to STB Finance Docket No. 34016, 
<IT>Livonia, Avon & Lakeville Railroad--

[[Page 21444]]

<RM>Continuance in Control Exemption--Western New York & Pennsylvania 
Railroad, LLC, wherein Livonia, Avon & Lakeville Railroad has 
concurrently filed a verified notice to continue in control of WNYP 
upon its becoming a Class III rail carrier.
    If the verified notice contains false or misleading information, 
the exemption is void <IT>ab initio. <RM>Petitions to reopen the 
proceeding 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. 34017, 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, Kirkpatrick & Lockhart, LLP, 1800 
Massachusetts Avenue, NW., Second Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``www.stb.dot.gov.''

    Decided: April 23, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-10551 Filed 4-27-01; 8:45 am]
BILLING CODE 4915-00-P