[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Notices]
[Pages 39468-39469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15970]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33880]


Columbiana County Port Authority--Acquisition Exemption--Certain 
Rail Assets of Pittsburgh & Lake Erie Properties, Inc., in Mahoning 
County, OH

    Columbiana County Port Authority (CCPA) has filed a verified notice 
of exemption under 49 CFR 1150.31 to acquire certain rail assets from 
the bankruptcy estate of Pittsburgh & Lake Erie Properties, Inc. 
(P&LEP), including certain easement rights between survey stations 
46+00 and 146+00 between Struthers and Youngstown, OH.
    This line of railroad was previously owned by predecessors-in-
interest of P&LEP and were sold to various entities, subject to 
easements, which, according to CCPA, allowed P&LEP to assign the 
operation of the line to other parties, subject to regulatory 
approval.\1\ This transaction is related to STB Docket No. AB-556 (Sub-
No. 2X), Railroad Ventures, Inc.--Abandonment Exemption--Between 
Youngstown, OH, and Darlington, PA, in Mahoning and Columbiana 
Counties, OH, and Beaver County, PA, in which CCPA has made an offer of 
financial assistance to purchase the 35.7-mile line of railroad owned 
by Railroad Ventures, Inc., between Darlington and Youngstown. By 
entering into an interchange agreement with The Ohio & Pennsylvania 
Railroad Company, CCPR will be able to operate from Darlington to the 
point of interchange with CSX Transportation, Inc., at milepost -3.0 at

[[Page 39469]]

or near Struthers, and with Norfolk Southern Railway Company at 
milepost -1.5 at Haselton Yard.
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    \1\ In issuing this notice, the Board is making no ruling on the 
property or contractual rights of the parties. Therefore, by 
invoking the class exemption, CCPA has Board permission to acquire 
these assets to the extent that it has been able, or will be able, 
legally to obtain the property rights. See Central Columbiana & 
Pennsylvania Railway, Inc.--Lease and Operation Exemption--
Columbiana County Port Authority, STB Finance Docket No. 33818 (STB 
served Dec. 23, 1999) in which Central Columbiana & Pennsylvania 
Railway, Inc. (CCPR), was authorized to operate over this 3-mile 
segment and over a 35.7-mile line segment between Darlington, PA, 
and Youngstown, OH, to be purchased by CCPA.
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    While CCPA states that consummation of the transaction occurred on 
April 19, 2000, the exemption that provided the regulatory approval for 
the transaction did not become effective until June 8, 2000, seven days 
after the filing of the verified notice of exemption.
    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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33880, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Richard H. Streeter, Barnes & Thornburgh, Suite 500, 1401 
Eye Street, N.W., Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 19, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 00-15970 Filed 6-23-00; 8:45 am]
BILLING CODE 4915-00-P