[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Notices]
[Page 61952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24865]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34250]


Almono LP--Acquisition and Operation Exemption--Line of 
Monongahela Connecting Railroad Company

    Almono LP (Almono), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire and operate approximately 2 
miles of rail line of the Monongahela Connecting Railroad Company (Mon 
Con) in Allegheny County, PA.\1\ The line extends between the plant of 
the sole shipper on the line (MetalTech) on the north side of the 
Monongahela River and an interchange point with CSX Transportation, 
Inc. (CSXT) north of CSXT's Glenwood Yard in Hazelwood, PA. Almono 
states that the line does not have milepost designations.\2\
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    \1\ Almono states that Mon Con is a wholly owned subsidiary of 
LTV Steel Corporation (LTV), which is in bankruptcy and is 
liquidating its assets. Almono indicates that it is acquiring Mon 
Con's assets as well as adjoining LTV property with court approval.
    \2\ Almono states that it intends to seek abandonment of the 
acquired line shortly after consummation of the transaction. It adds 
that, although its primary interest is in the underlying real estate 
and not the railroad operation, it has reached an agreement with 
MetalTech under which the shipper would continue to receive rail 
service following abandonment. Acquisitions of active rail lines 
under 49 U.S.C. 10901 are supposed to be for continued rail use. 
See, e.g., Land Conservancy--Acq. and Oper.--Burlington Northern, 2 
S.T.B. 673 (1997), reconsideration denied, STB Finance Docket No. 
33389 (STB served May 13, 1998), pet. for judicial review dismissed 
sub nom. The Land Conservancy of Seattle and King County v. S.T.B., 
238 F.3d 429 (9th Cir. 2000). If Almono elects to file for 
abandonment authority, it must submit evidence showing that 
abandonment of the line is warranted under the Board's statutory 
authority and rules, and must, under these circumstances, 
demonstrate (e.g., by providing the parties' agreement or a 
statement from MetalTech) that the interests of the shipper here 
will be protected.
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    The transaction was expected to be consummated on or shortly after 
September 12, 2002. Almond certifies that its projected annual revenues 
do not exceed those that would qualify it as a Class III carrier.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 34250, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Linda B. McClintock, Two 
Gateway Center, Pittsburgh, PA 15222, Robert D. Rosenberg, 1224 17th 
Street, NW., Washington, DC 20036, and Frank Brooks Robinson, 425 Sixth 
Avenue, Suite 500, Pittsburgh, PA 15219.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: September 25, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-24865 Filed 10-1-02; 8:45 am]
BILLING CODE 4915-00-P