Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25739

1The 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 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. 10901.

1The 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.

2At 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.

Application No. Applicant

Parties

to exemption

11153–P Chemical Conservation

Corporation, Orlando, FL.

11153

11156–P Buckley Powder Co. of

Oklahoma, Inc., Mill

Creek, OK.

11156

11373–P P.B. & S. Chemical

Company, Inc., Henderson, KY.

11373

11458–P American Home Food

Products, Inc., Milton, PA.

11458

11458–P Prestone Products Corporation, Danbury,

CT.

11458

11458–P Sherwin-Williams Diversified Brands,

Inc., Solon, Oh.

11458

11472–P Industrial Solid Propulsion, Inc., Las

Vegas, NV.

11472

11472–P Aero Tech, Inc., Las

Vegas, NV.

11472

11588–P American Type Culture

Collection, Rockville,

MD.

11588

11588–P Culver Enterprises,

Inc., Salisbury, MD.

11588

11588–P Safety Disposal System, Inc., Opa

Locka, FL.

11588

11588–P Health Care Incinerators, Fargo, ND.11588

11588–P GRP & Associates,

Inc., Clear Lake, IA.

11588

This notice of receipt of applications for

modification of exemptions and for party to

an exemption is published in accordance

with Part 107 of the Hazardous Materials

Transportations Act (49 U.S.C. 1806; 49 CFR

1.53(e)).

Issued in Washington, DC, on May 15,

1996.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials

Exemptions and Approvals.

[FR Doc. 96–12802 Filed 5–21–96; 8:45 am]

BILLING CODE 4910–60–M

Surface Transportation Board 1

[STB Finance Docket No. 32938]

Bootheel Regional Rail Corporation

and Bootheel Rail Properties, Inc.—

Acquisition and Operation

Exemption—Burlington Northern Santa

Fe Corporation

Bootheel Regional Rail Corporation

(BRRC) and Bootheel Rail Properties,

Inc. (BRPI), noncarriers, have filed a

verified notice of exemption under 49

CFR 1150.31 for BRPI to acquire and

BRRC to operate a 26.63-mile rail line

(together with incidental and appendent

branch line rights-of-way, now

discontinued, and spur tracks) from the

Burlington Northern Santa Fe Railroad

as follows: (1) Branch Line between

Hayti, MO, (milepost 212.73), and

Kennett, MO, (milepost 230.00); (2)

discontinued Branch Line right-of-way

from Kennett, MO, (milepost 230.00), to

Holcomb, MO, (milepost 233.15); (3)

discontinued Branch Line right-of-way

from Kennett, MO, (milepost 230.00), to

Senath, MO, (milepost 233.52); (3)

discontinued Piggott Stub Branch Line

right-of-way, (milepost 222.19 to

milepost 223.40); and (4) discontinued

Branch Line from Hayti, MO, (milepost

212.90), to Caruthersville, MO,

(milepost 214.38).

The transaction was to be

consummated on or after May 8, 1996.

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

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 32938, 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

Allan A. Maki, Jr., Esq., 1563 Grandview

Drive, Cape Girardeau, MO 63701–2223.

Decided: May 16, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–12830 Filed 5–21–96; 8:45 am]

BILLING CODE 4915–00–P

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 ±8.68 at

Hammondsport and milepost ±0.85 at

Bath,2 and from that point (which is also

designated as milepost ±285.10) to

milepost ±311.30 at Wayland, a distance

of approximately 34.03 route miles.

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