[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64597-64598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25565]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35774]
Youngstown & Southeastern Railway Company--Operation Exemption--
Mule Sidetracks, L.L.C.
Youngstown & Southeastern Railway Company (Y&SR), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to continue to operate a line of railroad that extends 35.7 miles
between milepost 0.0 in Youngstown, Ohio, and milepost 35.7 in
Darlington, Pa. (the Line). The Line is currently owned by Columbiana
County Port Authority (CCPA) and has been operated by Y&SR under a
lease from CCPA. In addition, Y&SR will operate as an agent of, and in
the name of, Mule Sidetracks, L.L.C. (MSLLC), three miles of contiguous
track segments, running east of milepost 0.0 and connecting to the
Line, that are being permanently assigned by CCPA to MSLLC and will
facilitate interchange with Norfolk Southern Railway Company (NSR) and
CSX Transportation, Inc. (CSXT).\1\
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\1\ These operating rights are found in the following
agreements: (1) Overhead Trackage Rights Agreement dated May 7,
2001, between Ohio & Pennsylvania Railroad Company (OHPA) and
Central Columbiana & Pennsylvania Railway, Inc. (CQPA), to which
CCPA is successor; (2) Letter Agreement regarding yard operations
dated November 30, 2001, between OHPA, CQPA, and CCPA; (3)
Interchange Agreement dated July 23, 2002, as amended and in effect,
among CSXT, OHPA, and CQPA and Interline Service Agreement,
effective April 1, 2004, between CSXT and CQPA, to which CCPA is
successor; (4) Land Lease dated August 8, 2003, between CSXT and
CQPA, which was assumed by CCPA, effective January 3, 2006; (5)
Interchange Agreement dated May 1, 2001, and Interline Service
Agreement, effective October 5, 2004, between CQPA and NSR, to which
CCPA is successor; (6) Easements granted by Allied Erecting &
Dismantling Company, Inc. to The Pittsburgh and Lake Erie Railroad
Company by agreements dated June 3, 1992, and November 10, 1993, and
easements retained by PLE in deeds dated June 3, 1992, and November
10, 1993, from PLE to Allied (Allied Easements), which Allied
Easements were conveyed by Youngstown and Southern Railway Company
to Railroad Ventures, Inc. (RVI) by deed dated November 8, 1996, and
by RVI to CCPA by deed dated January 23, 2001, and were included in
the rights granted to CQPA by CCPA, including rights over the C.P.
Graham Interlocking, and which collective rights were also conferred
on CCPA by order of the Bankruptcy Court dated March 28, 2002, in In
re: Pittsburgh & Lake Erie Properties, Inc., Case No. 96-406, and to
which CCPA is successor; and (7) Operating Rights Agreement between
Matteson Equipment Company (Matteson) and CQPA; and Operating Rights
Agreement between Eastern States Railroad, LLC (ESR) and Matteson
dated July 14, 2006, to which CCPA is successor.
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[[Page 64598]]
This transaction is related to a verified notice of exemption filed
in Mule Sidetracks, L.L.C.--Acquisition Exemption--Columbiana County
Port Authority, FD 35773, by which MSLLC seeks an exemption to acquire
from CCPA the Line as well as assignment of CCPA's agreements and
operating rights to the three miles of connecting track east of
milepost 0.0.
The transaction may be consummated on or after November 12, 2013,
the effective date of the exemption.\2\
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\2\ This notice was scheduled to be published in the Federal
Register during the time that the agency was closed due to a lapse
in appropriations. Because publication of this notice has been
delayed, the effective date of the exemption will also be delayed to
provide adequate notice to the public.
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Y&SR certifies that its projected annual revenues as a result of
this transaction will not exceed $5 million annually and will not
result in Y&SR becoming a Class I or Class II 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. Petitions to stay must be filed no later than November 5,
2013 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35774, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on John D. Heffner, Strasburger & Price, LLP,
1700 K Street NW., Suite 640, Washington, DC 20006.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV''.
Decided: October 24, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-25565 Filed 10-28-13; 8:45 am]
BILLING CODE 4915-01-P