[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67571-67572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27042]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35193]


Steven C. May--Continuance in Control Exemption--Lehigh Railway, 
LLC

    Steven C. May (May), a noncarrier, has filed a verified notice of 
exemption to continue in control of Lehigh Railway, LLC. (LRWY), upon 
LRWY's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35192, Lehigh Railway, LLC.--
Lease and Operation Exemption--Norfolk Southern Railway Company. In 
that proceeding, LRWY seeks an exemption under 49 CFR 1150.31 to lease 
from Norfolk Southern Railway Company (NSR) and to operate 
approximately 56.0 miles of rail line, including any sidings, 
sidetracks, yards or facilities presently owned by NSR that are 
accessed via the line, between specified points in Pennsylvania. In 
addition, LRWY shall have operating rights to certain designated track 
north of milepost IS 269.5 extending into Sayre, PA, solely for 
interchange with NSR.
    The parties intend to consummate the transaction soon after the 
November 29, 2008, effective date of the exemption.
    May either directly or indirectly controls two Class III rail 
carriers: Luzerne and Susquehanna Railway Company (LS); and the Owego & 
Harford Railway, Inc. (OHRY).
    May represents that: (1) The rail lines to be leased and operated 
by LRWY do not connect with the rail lines of any existing carrier 
owned or operated by May; (2) this continuance in control is not part 
of a series of anticipated transactions that would result in such a 
connection; and (3) this control transaction does not involve a Class I 
rail 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. 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

[[Page 67572]]

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 effectiveness 
of the exemption. Stay petitions must be filed no later than November 
21, 2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35193, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Janie Sheng, K&L Gates LLP, 
1601 K Street, NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at http: 
//www.stb.dot.gov.

    Decided: November 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-27042 Filed 11-13-08; 8:45 am]
BILLING CODE 4915-01-P