[Federal Register Volume 66, Number 219 (Tuesday, November 13, 2001)]
[Notices]
[Pages 56900-56901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28400]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34123]


B&H Rail Corp.--Lease and Operation Exemption--Livonia, Avon & 
Lakeville Railroad Corporation and Norfolk Southern Railway Company

    B&H Rail Corp. (B&H), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire and operate two rail lines in 
Steuben County, NY, as follows: (1) B&H will acquire, by assignment, 
all of the contractual operating rights of Livonia, Avon & Lakeville 
Railroad Corporation (LAL) over an approximately 34.03-mile rail line 
that extends between approximately milepost 8.68, at Hammondsport, and 
approximately milepost 0.85, at Bath (which is also designated as 
approximately milepost 285.10), and from that point to approximately 
311.3 in Wayland,\1\ and (2) B&H will sublease from Norfolk Southern 
Railway Company (NSR) an approximately 17.08-mile connecting rail line 
that extends between approximately milepost 285.10, at Bath,

[[Page 56901]]

and approximately milepost 268.02, at Painted Post.\2\
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    \1\ The Steuben County Industrial Development Authority owns the 
34.03-mile rail line (SCIDA line). LAL's operation of the SCIDA line 
was previously exempted by the Board in Livonia, Avon & Lakeville 
Railroad Corp.--Acquisition and Operation Exemption--Steuben County 
Industrial Development Agency, STB Finance Docket No. 32941 (STB 
served May 22, 1996). B&H states that it has operated the SCIDA line 
(under its former name, Conhocton Valley Railroad Corporation) as 
LAL's contract operator since January of 2001.
    \2\ The 17.08-mile rail line is owned by Pennsylvania Lines LLC, 
and currently operated by NSR.
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    The parties report that they intend to consummate the transaction 
on or soon after the effective date of the exemption. The earliest the 
transaction could be consummated was November 2, 2001 (7 days after the 
exemption was filed).
    This transaction is related to STB Finance Docket No. 34124, 
Livonia, Avon & Lakeville Railroad Corporation--Continuance in Control 
Exemption--B&H Rail Corp., wherein LAL has concurrently filed a 
petition for exemption from the requirements of 49 U.S.C. 11323 to 
control B&H once B&H consummates the transaction in STB Finance Docket 
No. 34123 and becomes a Class III rail carrier. The stock of B&H has 
been placed in an independent, irrevocable voting trust pursuant to 49 
CFR 1013 in order to avoid an unlawful control violation pending a 
Board decision in STB Finance Docket No. 34124.
    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. 34123, 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, NW., Second Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: November 2, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-28400 Filed 11-9-01; 8:45 am]
BILLING CODE 4915-00-P