Notice2022-16304
Livonia, Avon & Lakeville Railroad Corporation-Acquisition of Control Exemption-Ontario Midland Railroad Corporation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45845-45846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16304]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36631]
Livonia, Avon & Lakeville Railroad Corporation--Acquisition of
Control Exemption--Ontario Midland Railroad Corporation
Livonia, Avon & Lakeville Railroad Corporation (LAL), a Class III
rail carrier, has filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to acquire control of the Ontario Midland
[[Page 45846]]
Railroad Corporation (OMID), a Class III rail carrier.
The verified notice states that LAL will acquire control of OMID by
purchasing 55% of OMID stock pursuant to a Stock Acquisition Agreement.
An agreement is expected to be executed on or about August 13, 2022.
The verified notice states that LAL currently controls two Class III
rail carriers, Western New York & Pennsylvania Railroad, LLC (WNYP) and
B&H Rail Corporation (B&H) \1\ (collectively, LAL Class III
Affiliates).
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\1\ The verified notice states that LAL, B&H, and OMID operate
in New York, and WNYP operates in New York and Pennsylvania.
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LAL represents that: (1) the rail lines on which OMID will operate
will not connect with the rail lines operated by LAL or the LAL Class
III Affiliates; (2) the transaction is not part of a series of
anticipated transactions that would result in a connection between
lines operated or to be operated by OMID, LAL, or the LAL Class III
Affiliates; and (3) the transaction does not involve a Class I rail
carrier. The proposed transaction is therefore exempt from the prior
approval requirements of 49 U.S.C. 11323 pursuant to 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. However, 49 U.S.C. 11326(c)
does not provide for labor protection for transactions under 49 U.S.C.
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.
The transaction may be consummated on or after August 12, 2022, the
effective date of the exemption (30 days after the verified notice was
filed).
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 effectiveness of the
exemption. Petitions for stay must be filed no later than August 5,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36631, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, one copy of each pleading must be served on
LAL's representative, Kevin M. Sheys, Hogan Lovells US LLP, 555 13th
Street NW, Washington, DC 20004.
According to LAL, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: July 25, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-16304 Filed 7-28-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on July 29, 2022.
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