[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Page 42893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11954]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34900]


Lackawaxen-Honesdale Shippers Association, Inc.--Acquisition of 
Control Exemption--Stourbridge Railroad Company, Inc.

    Lackawaxen-Honesdale Shippers Association, Inc. (LHSA), has filed a 
verified notice of exemption to acquire control of Stourbridge Railroad 
Company, Inc. (Stourbridge), from Mr. Richard D. Robey. Stourbridge is 
a Class III railroad, providing rail service on the Honesdale Branch, 
which extends from Lackawaxen, PA, to Honesdale, PA.\1\
---------------------------------------------------------------------------

    \1\ Stourbridge obtained operating authority for this rail line 
in Stourbridge Railroad Company, Inc.--Operation Exemption--in Wayne 
and Pike Counties, PA, Finance Docket No. 31508 (ICC served Jan. 25, 
1990).
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or after July 7, 
2006, the effective date of the exemption (7 days after the exemption 
was filed).
    As a result of this transaction, LHSA will own and control the 
stock of Stourbridge, which will continue to operate the Honesdale 
Branch.\2\ LHSA states that it owns no other rail lines or railroads, 
and therefore, Stourbridge does not connect with any other railroad 
owned or operated by LHSA. LHSA also states that the acquisition of 
control of Stourbridge is not part of a series of anticipated 
transactions that would connect that railroad with any other railroad 
owned by LHSA. In addition, the transaction does not involve a Class I 
carrier. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323-25. See 49 CFR 1180.2(d)(2).
---------------------------------------------------------------------------

    \2\ LHSA obtained authority to acquire, and the common carrier 
obligation to serve, the Honesdale Branch from the Pennsylvania 
Department of Transportation in Lackawaxen-Honesdale Shippers 
Association, Inc.--Acquisition Exemption--Pennsylvania Department of 
Transportation, STB Finance Docket No. 34891 (STB served July 13, 
2006).
---------------------------------------------------------------------------

    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. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    If the verified 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. 34900, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Richard R. Wilson, Esq., 127 
Lexington Avenue, Ste. 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 19, 2006.

    By the Board.
David M. Konschnik,
Director, Office of Proceedings.
[FR Doc. E6-11954 Filed 7-27-06; 8:45 am]
BILLING CODE 4915-01-P