[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Page 32519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08976]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36736]


Youngstown & Southeastern Railroad, LLC--Trackage Rights 
Exemption--Ohio and Pennsylvania Railroad Company

    The Youngstown & Southeastern Railroad, LLC (YS), a Class III 
common carrier railroad, has filed a verified notice of exemption under 
49 CFR 1180.2(d)(7) for acquisition of overhead trackage rights over 
approximately 1.1 miles of rail line, known as the River Track, owned 
by Ohio and Pennsylvania Railroad Company (OHPA) between milepost 0.4 
at Youngstown, Ohio, and milepost 1.5 in Lowellville, Ohio.
    Youngstown & Southeastern Railroad Company, a YS predecessor, 
obtained overhead trackage rights over OHPA incidental to acquisition 
of certain rail lines between Youngstown and Darlington, Pennsylvania. 
According to the verified notice, the new overhead trackage rights on 
the River Track will formalize YS's interchange point with CSX 
Transportation, Inc. (CSXT) at CSXT's Lowellville Yard. The new rights 
derive from an amending agreement \1\ to an earlier trackage rights 
agreement governing YS's operations over two related segments of 
railroad, the Canfield Segment and the Struthers Segment.\2\
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    \1\ Redacted versions of the trackage rights agreement and 
amending agreement were filed with the verified notice. Unredacted 
versions of the agreements were submitted to the Board under seal 
concurrently with a motion for protective order, which was granted 
in a decision served on April 23, 2024.
    \2\ According to the verified notice, the amending agreement 
refers to a rail customer, Lally Pipe, but only to provide that YS 
may serve that customer strictly for the account of (and as agent 
for) OHPA. YS states that it will have no rights independent of OHPA 
to serve Lally Pipe.
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    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified by Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    The transaction may be consummated on or after May 11, 2024, the 
effective date of the exemption. 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 May 3, 2024 (at least seven days before the exemption 
becomes effective).
    All pleadings, referring to Docket No. FD 36736, 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, a copy of each pleading must be served on YS's 
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to YS, 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: April 23, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024-08976 Filed 4-25-24; 8:45 am]
BILLING CODE 4915-01-P