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Livonia, Avon & Lakeville Railroad Corporation-Continuance in Control Exemption-B&H Rail Corp.

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Surface Transportation Board.


Notice of exemption.


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]


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.


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.

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Joseph H. Dettmar, (202) 565-1600. [TDD for the hearing impaired: 1 (800) 877-8339.]

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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: Dā 2 Dā 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

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Decided: December 5, 2001.

By the Board, Chairman Morgan, Vice Chairman Clyburn, and Commissioner Burkes.

Vernon A. Williams,


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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).

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[FR Doc. 01-30735 Filed 12-11-01; 8:45 am]