Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Notices 21443

1The 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.

2According 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.

MODIFICATIONS TO EXEMPTIONS—Continued

Application No. Applicant Reason for

delay

Estimated

date

of completion

11526–M .................... BOC Gases, Murray Hill, NJ ................................................................................................... 4 05/31/2001

11237–M .................... JCI Jones Chemicals, Inc., Milford, VA .................................................................................. 4 05/31/2001

11769–M .................... Great Western Chemical Company, Portland, OR ................................................................. 4 05/31/2001

11769–M .................... Great Western Chemical Company, Portland, OR ................................................................. 4 05/31/2001

11769–M .................... Hydrite Chemical Company, Brookfield, WI ........................................................................... 4 05/31/2001

11798–M .................... Air Products and Chemicals, Inc., Allentown, PA .................................................................. 4 05/31/2001

11798–M .................... Anderson Development Company, Adrian, MI ....................................................................... 4 06/29/2001

11911–M .................... Transfer Flow, Inc., Chico, CA ............................................................................................... 4 06/29/2001

12178–M .................... STC Technologies, Inc., Bethlehem, PA ................................................................................ 1 06/29/2001

[FR Doc. 01–10572 Filed 4–27–01; 8:45 am]

BILLING CODE 4910–60–M

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, Western New

York & Pennsylvania Railroad, LLC—

Lease and Operation Exemption—

Norfolk Southern Railway Company

and Pennsylvania Lines LLC, 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. See 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 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. 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

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.

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, Livonia,

Avon & Lakeville Railroad—