[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Page 45820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18787]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36342]
Youngstown & Southeastern Railroad Co.--Acquisition and Operation
Exemption--Mule Sidetracks, LLC
Youngstown & Southeastern Railroad Co. (YSRR), a Class III carrier,
has filed a verified notice of exemption under 49 CFR 1150.41 to
acquire from Mule Sidetracks, LLC (MSLLC), and to continue to operate
approximately 35.7 miles of rail line between milepost 0.0 in
Youngstown, Ohio, and milepost 35.7 in Darlington, Pa. (the Line),
together with MSLLC's rights over three miles of contiguous track
segments, including incidental trackage rights, running from east of
milepost 0.0 and connecting the Line to interchange with Norfolk
Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT).\1\
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\1\ YSRR states that these rights are found in the following
agreements, under which MSLLC has succeeded to the interests of the
Line's previous owner, Columbiana County Port Authority (CCPA): (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, 2011,
among 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 date 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 date October 5,
2004, between CQPA and NSR, to which CCPA is successor; (6)
easements granted by Allied Erecting & Dismantling Company, Inc.
(Allied), to The Pittsburgh and Lake Erie Railroad Company (P&LE) by
agreements dated June 3, 1992, and November 10, 1993, and easements
retained by P&LE in deeds dated June 3, 1992, and November 10, 1993,
from P&LE to Allied (collectively, the 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 (MFW), and to which CCPA is successor; and (7) Operating
Rights Agreement between Matteson Equipment Company (Matteson) and
CQPA, to which CCPA is successor, and Operating Rights Agreement
between Eastern States Railroad, LLC, and Matteson dated July 14,
2006, to which CCPA is successor.
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YSRR states that it has been operating the Line and connecting
track since 2006, first pursuant to a lease with the previous owner,
CCPA,\2\ and subsequently pursuant to an operating agreement with MSLCC
\3\ since MSLCC acquired the Line and rights in 2013.\4\ YSSR further
states that it is entering into an asset purchase sale agreement with
MSLLC in which YSRR will acquire the Line and all of MSLLC's related
rights to the contiguous track segments, and, following closing, YSRR
will be both the owner and operator of the Line and contiguous track
segments.
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\2\ See Youngstown & Se. Ry.--Lease & Operation Exemption--Lines
of E. States R.R., FD 34992 (STB served Dec. 21, 2006). According to
YSRR, Eastern States Railroad (ESR) was to have acquired the Line
and related rights from CCPA, which had been leasing them to ESR
with YSRR as its tenant. See E. States R.R.--Acquis. Exemption--
Cent. Columbiana & Pa. Ry., FD 34934 (STB served Dec. 21, 2006).
YSRR states, however, that ESR never consummated the acquisition and
CCPA remained the owner and directly leased the Line and related
rights to YSRR until the sale by CCPA to MSLLC.
\3\ See Youngstown & Se. Ry.--Operation Exemption--Mule
Sidetracks, LLC, FD 35774 (STB served Oct. 29, 2013).
\4\ See Mule Sidetracks, L.L.C.--Acquis. Exemption--Columbiana
Cty. Port Auth., FD 35773 (STB served Oct. 25, 2013).
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YSRR certifies that, following this transaction, YSRR's annual
revenues will be less than $5 million annually, and it will remain a
Class III carrier. YSRR also certifies that the proposed acquisition
does not involve an interchange commitment.
This transaction may be consummated on or after September 14, 2019,
the effective date of the exemption (30 days after the verified notice
was filed).
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 for stay must be filed no later than September 6,
2019 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36342, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on YSRR's representatives, Eric M.
Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite
1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC,
1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
According to YSRR, this action is excluded from environmental
review under 49 CFR 1105.6(c), and from historic reporting under 49 CFR
1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: August 27, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019-18787 Filed 8-29-19; 8:45 am]
BILLING CODE 4915-01-P