Livonia, Avon & Lakeville Railroad CorporationAcquisition of Control ExemptionOntario Central Railroad Corporation

[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Page 64141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30652]



[[Page 64141]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33674]


Livonia, Avon & Lakeville Railroad Corporation--Acquisition of 
Control Exemption--Ontario Central Railroad Corporation

    Livonia, Avon & Lakeville Railroad Corporation (LAL), a Class III 
rail carrier, has filed a verified notice of exemption to acquire a 
controlling interest, through stock purchase, of Ontario Central 
Railroad Corporation (ONCT), a Class III rail carrier, which operates 
14 miles of rail line between West Victor and Shortsville, 
NY.1
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    \1\ See Ontario Central Railroad Corporation--Operations--
Between Shortsville and Victor, NY, Finance Docket No. 29761 (ICC 
served Nov. 3, 1981) (Modified Rail Certificate), and Certificate of 
Designated Operator-Ontario Central Railroad Corp., D-OP 33 
(U.S.R.A. Line No. 98/1022), Cancellation of Certificate of 
Designate Operation--Consolidated Rail Corporation, D-OP 6 (U.S.R.A. 
Line No. 98/1022) (ICC served Sept. 28, 1979).
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    LAL owns and operates approximately 30 miles of rail line between 
Genessee Junction yard in Chili, NY, immediately south of Rochester, 
and Lakeville, NY. LAL also separately operates approximately 35 miles 
of track between Hammondsport, Bath and Wayland, NY, which is owned by 
the Steuben County Industrial Development Authority. 2
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    \2\ See Livonia, Avon & Lakeville Railroad Corp.--Acquisition 
and Operation Exemption--Steuben County Industrial Development 
Agency, STB Finance Docket No. 32941 (STB served May 22, 1996).
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    Under the terms of an agreement with ONCT, LAL will acquire 3,000 
shares of ONCT's treasury stock and 8,900 shares of ONCT's stock, which 
is currently authorized but unissued.
    The earliest the transaction could be consummated was October 30, 
1998, the effective date of the exemption (7 days after the exemption 
was filed).
    LAL states that: (i) the railroads do not connect with each other; 
(ii) the transaction is not part of a series of anticipated 
transactions that would connect the railroads with each other; and 
(iii) 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. 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. 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 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. 33674, must be filed with the Office of the 
Secretary, Case Control Unit, Surface Transportation Board, 1925 K 
Street, N.W., Washington, DC 20423-0001. In addition, a copy of all 
pleadings must be served on Kevin M. Sheys, Oppenheimer Wolff Donnelly 
& Bayh LLP, 1350 Eye St., N.W., Suite 200, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: November 10, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-30652 Filed 11-17-98; 8:45 am]
BILLING CODE 4915-00-P