[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Page 44310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18369]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35648]


Penn-Ohio Transportation, LLC--Acquisition Exemption--Eastern 
States Railroad, LLC and Columbiana County Port Authority

    Penn-Ohio Transportation, LLC (Penn-Ohio), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to: (1) Acquire 
from Eastern States Railroad, LLC (ESR), its lease and operating rights 
to approximately 35.7 miles of rail line, referred to as the 
Youngstown-Darlington Line, extending between milepost 0.0 in 
Youngstown, Ohio, and milepost 35.7 in Darlington, Pa., currently 
operated by the Youngstown & Southeastern Railway Company (YSRC) and 
owned by Columbiana County Port Authority (CCPA); (2) receive permanent 
assignment of ESR's and CCPA's agreements and operating rights to 
approximately 3 miles of continuous track segments running east of 
milepost 0.0 that connect to the Youngstown-Darlington Line and that 
facilitate interchange with Norfolk Southern Railway Company and CSX 
Transportation, Inc.; and (3) acquire from CCPA the Youngstown-
Darlington Line, as well as any operating rights held by CCPA.
    Penn-Ohio intends to continue to have YSRC operate the line or to 
lease the line to a new operator, which would seek appropriate 
authority from the Board. Penn-Ohio states that it will retain a 
residual common carrier obligation on the line.
    The transaction may be consummated on or after August 12, 2012, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    Penn-Ohio certifies that its projected annual revenues as a result 
of this transaction will not exceed $5 million and will not result in 
the creation of a Class I or Class II rail carrier.
    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. Stay petitions must be filed no later than August 3, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35648, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on David M. Williamson, Alston & Bird, LLP, The 
Atlantic Building, 950 F Street, Washington, DC 20004.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: July 23, 2012.

    By the Board, Richard Armstrong, Acting Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-18369 Filed 7-26-12; 8:45 am]
BILLING CODE 4915-01-P