[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21762]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34934]


Eastern States Railroad, LLC--Acquisition Exemption--Central 
Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port 
Authority

    Eastern States Railroad, LLC (ESR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire the lease 
and operating rights to approximately 35.7 miles of rail line owned by 
the Columbiana County Port Authority (CCPA). The line extends between 
milepost 0.0 in Youngstown, OH, and milepost 35.7 in Darlington, PA. 
Currently, the Ohio & Pennsylvania Railroad Company (O&P) operates over 
this line pursuant to an interim operating agreement with the trustee 
of the line's former operator, the Central Columbiana & Pennsylvania 
Railway, Inc. (CCPR), which filed for bankruptcy in the U.S. Bankruptcy 
Court for the Eastern District of Arkansas.\1\ O&P received interim 
operating authority from the Board in The Ohio and Pennsylvania 
Railroad--Acquisition and Operation Exemption--Rail Lines of Columbiana 
County Port Authority in Mahoning and Columbiana Counties, OH, and 
Beaver County, PA, STB Finance Docket No. 34632 (STB served Dec. 21, 
2004). According to ESR, O&P's interim operating agreement will 
terminate, pursuant to an order of the bankruptcy court, upon the 
effective date of this notice. According to ESR, the bankruptcy court 
has authorized CCPR, through CCPR's trustee, to assign its lease and 
operating rights to ESR.
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    \1\ U.S. Bankruptcy Court for the Eastern District of Arkansas, 
Case No. 04-BK-16887T.
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    ESR also seeks to receive permanent assignment of CCPA's and CCPR's 
operating rights to approximately 3 miles of track running east of 
milepost 0.0. ESR claims that this acquisition will, in combination 
with other rights that ESR has obtained, facilitate interchange with 
Norfolk Southern Railway Company and CSX Transportation, Inc.
    According to ESR, it has entered into an interim operating 
agreement with the trustee of CCPR for interim assignment of operating 
rights on all the lines described herein, pending the closing of its 
acquisition of the lease and operating rights, so that ESR may commence 
operations.
    ESR certifies that its projected annual revenues as a result of the 
transaction will not exceed $5 million. The transaction was scheduled 
to be consummated on November 29, 2006, the effective date of the 
exemption (7 days after the exemption was filed).
    This transaction is related to two concurrently filed verified 
notices of exemption: STB Finance Docket No. 34962, Youngstown & 
Southeastern Railway Company--Lease and Operation Exemption--Lines of 
Eastern States Railroad, LLC, wherein Youngstown & Southeastern Railway 
Company (Y&S) seeks to sublease and/or operate the 38.7 miles of line 
being acquired by ESR in this docket; and STB Finance Docket No. 34961, 
Indiana Boxcar Corporation--Continuance in Control Exemption--
Youngstown & Southeastern Railway Company, wherein Indiana Boxcar 
Corporation seeks an exemption for continuance in control once Y&S is 
granted common carrier authority.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34934, 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 Myles L. Tobin, Fletcher & 
Sippel, LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-21762 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P