SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_34891_0

Case Title:  
LACKAWAXEN-HONESDALE SHIPPERS ASSOCIATION, INC.-ACQUISITION EXEMPTION-PENNSYLVANIA DEPARTMENT OF TRANSPORTATION

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT LACKAWAXEN-HONESDALE SHIPPERS ASSOCIATION, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 FOR THE ACQUISITION OF APPROXIMATELY 24.74 MILES OF RAIL LINE FROM THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN WAYNE AND PIKE COUNTIES, PA.

    Decision Attachments

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    Full Text of Decision

35935

37096                                   SERVICE DATE – JULY 13, 2006

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34891]

Lackawaxen-Honesdale Shippers Association, Inc.—Acquisition Exemption—Pennsylvania Department of Transportation 

            Lackawaxen-Honesdale Shippers Association, Inc. (LHSA), has filed a verified notice of exemption under 49 CFR 1150.31 for the acquisition of approximately 24.74 miles of rail line from the Pennsylvania Department of Transportation (PennDOT), in Wayne and Pike Counties, PA.  The line, known as the Honesdale Branch, extends from milepost 110.26, in Lackawaxen, PA, to milepost 135.00, in Honesdale, PA.  The Honesdale Branch was conveyed by PennDOT to LHSA on January 31, 2003.[1]  Due to lack of familiarity with the Board’s regulatory requirements, LHSA failed to obtain acquisition authority on an exemption for the transaction.  Accordingly, to rectify that omission, LHSA files this notice of exemption from the prior approval requirements of 49 U.S.C. 10901. 

            LHSA certifies that its projected revenues as a result of the transaction will not result in LHSA becoming a Class II or Class I rail carrier.

            The exemption became effective on June 21, 2006 (7 days after the exemption was filed). 

            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. 34891, must be filed with the Surface Transportation Board, 1925 K Street, N.W., Washington, DC  20423-0001.  In addition, one copy of each pleading must be served on Richard R. Wilson, Esq., 127 Lexington Avenue, Ste. 100, Altoona, PA  16601.

            Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”

Decided:  July 5, 2006.

By the Board, David M. Konschnik, Director, Office of Proceedings.

 

 

Vernon A. Williams

Secretary



[1]   The Stourbridge Railroad Company, Inc., obtained operating authority for this rail line in Stourbridge Railroad Company, Inc.—Operation Exemption—in Wayne and Pike Counties, PA, Finance Docket No. 31508 (ICC served Jan. 25, 1990).