[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56481-56482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19821]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36639]


Wheeling & Lake Erie Railway Company--Sublease Renewal 
Exemption--Pittsburgh & West Virginia Railroad

    Wheeling & Lake Erie Railway Company (W&LE) has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(4) to renew its sublease of 
approximately 120 miles of rail line of the Pittsburgh & West Virginia 
Railroad (PWV), principally extending between Pittsburgh Junction, 
Ohio, and Connellsville, Pa., with short branch lines extending to 
Clairton and Mifflin Junction, Pa. (the Lines). W&LE states that the 
Lines have been leased by Norfolk Southern Railway Company (NSR) and 
its predecessors in interest since 1962. According to the verified 
notice, W&LE has subleased and provided all rail operations on the 
Lines since 1990. W&LE states that it has renewed the sublease for an 
additional period of ninety-nine (99) years, from October 16, 2062, to 
October 16, 2161.\1\
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    \1\ According to W&LE, the current agreement provides for the 
right to extend the sublease for an additional 99-year term with a 
written notice. Exhibit 2 of the verified notice provides copies of 
W&LE's written notice to NSR extending the 1990 sublease, dated May 
24, 2022, and NSR's notice to PWV extending the 1962 lease, dated 
August 9, 2022. The verified notice states that no other 
modifications have been made to the underlying agreements.
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    According to the verified notice W&LE seeks to renew its current 
lease and sublease arrangements for the Lines to provide stability and 
certainty for W&LE's operation and to accommodate long-term planning 
and investment for those lines.
    As a condition to the use of this exemption, any employees affected 
by this transaction will be protected by the conditions imposed in 
Mendocino Coast Ry.--Lease & Operate, 354 I.C.C. 732 (1978), modified, 
360 I.C.C. 653 (1980).
    The transaction may be consummated on or after September 28, 2022, 
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 22, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36639, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, one copy of each pleading must be served on W&LE's 
representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.

[[Page 56482]]

    According to W&LE, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 8, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum.
Clearance Clerk.
[FR Doc. 2022-19821 Filed 9-13-22; 8:45 am]
BILLING CODE 4915-01-P