Notices. Notice of exemption
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/register/2001/12/12/01-30735·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34124] Livonia, Avon & Lakeville Railroad Corporation—Continuance in Control Exemption—B&H Rail Corp. AGENCY: Surface Transportation Board. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the prior approval requirements of 49 U.S.C. 11323-25 the control by Livonia, Avon & Lakeville Railroad Corporation, a Class III rail common carrier, of B&H Rail Corp.
(B&H), upon B&H's becoming a rail carrier pursuant to a related transaction in STB Finance Docket No. 34123. 1 1 On October 26, 2001, B&H filed a notice of exemption under the Board's class exemption procedures at 49 CFR 1150.31. The notice covered the acquisition and operation of two rail lines in Steuben County, NY. See B&H Rail Corp.—Lease and Operation Exemption—Livonia, Avon & Lakeville Railroad Corporation and Norfolk Southern Railway Company, STB Finance Docket No. 34123 (STB served Nov. 13, 2001).
DATES: This exemption is effective on January 11, 2002. Petitions to stay must be filed by December 27, 2001. Petitions to reopen must be filed by January 7, 2002. ADDRESSES: An original and 10 copies of all pleadings referring to STB Finance Docket No. 34124 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 all pleadings must be served on petitioner's representative Kevin M.
Sheys, Esq., Kirkpatrick & Lockhart LLP, 1800 Massachussets Avenue, NW., Second Floor, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,
(202)565-1600. [TDD for the hearing impaired: 1
(800)877-8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision. To purchase a copy of the full decision, write to, call, or pick up in person from: Da 2 Da Legal, Suite 405, 1925 K Street, NW., Washington, DC 20006. Telephone:
(202)293-7776. [Assistance for the hearing impaired is available through TDD services 1
(800)877-8339.] Board decisions and notices are available on our website at *www.stb.dot.gov. * Decided: December 5, 2001. By the Board, Chairman Morgan, Vice Chairman Clyburn, and Commissioner Burkes. Vernon A. Williams, Secretary. [FR Doc. 01-30735 Filed 12-11-01; 8:45 am]
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- 49 USC 11323-25
- 49 CFR 1150.31
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