[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10424-10425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03471]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36667]


McKees Rocks Railroad LLC--Acquisition and Operation Exemption--
Pittsburgh, Allegheny & McKees Rocks Railroad Company

    McKees Rocks Railroad LLC (McKees Rocks), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate approximately 3.36 miles of rail line \1\ owned by Pittsburgh, 
Allegheny & McKees Rocks Railroad Company (PAM) and its parent company, 
McKees Rocks Industrial Enterprises, Inc. (MRIE),\2\ located at McKees 
Rocks, in Allegheny County, Pa. (the Line), as well as yard tracks and 
sidings.
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    \1\ McKees Rocks states that the track does not have mileposts.
    \2\ According to the verified notice, PAM owns the trackage and 
MRIE owns the underlying real estate.
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    According to the verified notice, McKees Rocks and PAM/MRIE have 
reached an agreement in principle pursuant to which McKees Rocks, with 
the support of its parent company, SunCap Property Group, will acquire 
the Line and redevelop PAM's former McKees Rocks, Pa. facility. The 
verified notice indicates that McKees Rocks does

[[Page 10425]]

not plan on operating the Line itself, but rather intends to contract 
with a third-party operator should future lessees at the McKees Rocks, 
Pa. facility request service.
    According to McKees Rocks, the proposed transaction does not 
contain an interchange commitment. McKees Rocks certifies that its 
projected annual revenues resulting from the transaction will not 
exceed $5 million and will not result in McKees Rocks' becoming a Class 
I or Class II rail carrier.
    The earliest this transaction may be consummated is March 4, 2023, 
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 February 24, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36667, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
McKees Rocks' representative, William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    According to McKees Rocks, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 14, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2023-03471 Filed 2-16-23; 8:45 am]
BILLING CODE 4915-01-P