[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Notices]
[Pages 25739-25740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12828]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32941]


Livonia, Avon & Lakeville Railroad Corp.--Acquisition and 
Operation Exemption--Steuben County Industrial Development Agency 
(19492)

    Livonia, Avon & Lakeville Railroad Corp. (LAL), a Class III common 
carrier by rail, has filed a verified notice under 49 CFR 1180.2(d)(2) 
to acquire the exclusive right to operate over Steuben County 
Industrial Development Authority's rail line (Subject Line) between 
milepost <plus-minus>8.68 at Hammondsport and milepost <plus-minus>0.85 
at Bath,<SUP>2 and from that point (which is also designated as 
milepost <plus-minus>285.10) to milepost <plus-minus>311.30 at Wayland, 
a distance of approximately 34.03 route miles.
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission 
(ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 11323.
    \2\ At the time the Steuben County Industrial Development Agency 
(SCIDA) obtained approval from the ICC to acquire the Subject Line, 
it did not seek the requisite authority to obtain that portion of 
the Subject Line between Bath and Hammondsport. See Steuben County 
Industrial Development Agency and Champaigne Railroad, Inc.--
Acquisition and Operation Exemption--Line of Consolidated Rail 
Corporation, Finance Docket No. 32133 (ICC served Dec. 23, 1992). 
LAL indicates that SCIDA will be seeking a retroactive exemption for 
this acquisition in the near future.
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    Consummation of the transaction was expected to occur on May 8, 
1996, or soon thereafter.
    LAL owns and operates a line of railroad between Rochester and 
Lakeville, NY. This transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323 because LAL states that: (1) The 
Subject Line does not connect with the existing rail lines of LAL; (2) 
the proposed transaction is not part of a series of anticipated 
transactions that would connect LAL's existing lines with the Subject 
Line; and (3) the transaction does not involve a Class I carrier.
    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 verified notice contains false or misleading information, 
the exemption is void ab initio. 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 reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32941, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on

[[Page 25740]]

Kevin M. Sheys, Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, 
N.W., Suite 400, Washington, DC 20036-6015.

    Decided: May 14, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-12828 Filed 5-21-96; 8:45 am]
BILLING CODE 4915-00-P