Youngstown & Southeastern Railway Company-Lease and Operation Exemption-Lines of Eastern States Railroad, LLC, 76723-76724 [E6-21761]

Download as PDF Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices sroberts on PROD1PC70 with NOTICES Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21760 Filed 12–20–06; 8:45 am] 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. BILLING CODE 4915–01–P ESR certifies that its projected annual revenues as a result of the transaction will not exceed $5 million. The DEPARTMENT OF TRANSPORTATION transaction was scheduled to be consummated on November 29, 2006, Surface Transportation Board the effective date of the exemption (7 [STB Finance Docket No. 34934] days after the exemption was filed). This transaction is related to two Eastern States Railroad, LLC— Acquisition Exemption—Central concurrently filed verified notices of Columbiana & Pennsylvania Railway, exemption: STB Finance Docket No. Inc. and Columbiana County Port 34962, Youngstown & Southeastern Authority Railway Company—Lease and Operation Exemption—Lines of Eastern Eastern States Railroad, LLC (ESR), a States Railroad, LLC, wherein noncarrier, has filed a verified notice of Youngstown & Southeastern Railway exemption under 49 CFR 1150.31 to acquire the lease and operating rights to Company (Y&S) seeks to sublease and/ or operate the 38.7 miles of line being approximately 35.7 miles of rail line acquired by ESR in this docket; and STB owned by the Columbiana County Port Finance Docket No. 34961, Indiana Authority (CCPA). The line extends Boxcar Corporation—Continuance in between milepost 0.0 in Youngstown, Control Exemption—Youngstown & OH, and milepost 35.7 in Darlington, PA. Currently, the Ohio & Pennsylvania Southeastern Railway Company, Railroad Company (O&P) operates over wherein Indiana Boxcar Corporation this line pursuant to an interim seeks an exemption for continuance in operating agreement with the trustee of control once Y&S is granted common the line’s former operator, the Central carrier authority. Columbiana & Pennsylvania Railway, If the verified notice contains false or Inc. (CCPR), which filed for bankruptcy misleading information, the exemption in the U.S. Bankruptcy Court for the is void ab initio. Petitions to revoke the Eastern District of Arkansas.1 O&P exemption under 49 U.S.C. 10502(d) received interim operating authority may be filed at any time. The filing of from the Board in The Ohio and a petition to revoke will not Pennsylvania Railroad—Acquisition and Operation Exemption—Rail Lines of automatically stay the transaction. Columbiana County Port Authority in An original and 10 copies of all Mahoning and Columbiana Counties, pleadings, referring to STB Finance OH, and Beaver County, PA, STB Docket No. 34934, must be filed with Finance Docket No. 34632 (STB served the Surface Transportation Board, 1925 Dec. 21, 2004). According to ESR, O&P’s K Street, NW., Washington, DC 20423– interim operating agreement will 0001. In addition, a copy of each terminate, pursuant to an order of the pleading must be served on Myles L. bankruptcy court, upon the effective Tobin, Fletcher & Sippel, LLC, 29 North date of this notice. According to ESR, Wacker Drive, Suite 920, Chicago, IL the bankruptcy court has authorized 60606–2832. CCPR, through CCPR’s trustee, to assign Board decisions and notices are its lease and operating rights to ESR. available on our Web site at http:// ESR also seeks to receive permanent www.stb.dot.gov. assignment of CCPA’s and CCPR’s operating rights to approximately 3 Decided: December 14, 2006. miles of track running east of milepost By the Board, David M. Konschnik, 0.0. ESR claims that this acquisition Director, Office of Proceedings. will, in combination with other rights Vernon A. Williams, that ESR has obtained, facilitate Secretary. interchange with Norfolk Southern [FR Doc. E6–21762 Filed 12–20–06; 8:45 am] Railway Company and CSX Transportation, Inc. BILLING CODE 4915–01–P According to ESR, it has entered into an interim operating agreement with the 1 U.S. Bankruptcy Court for the Eastern District of Arkansas, Case No. 04–BK–16887T. VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 76723 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34962] Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC Youngstown & Southeastern Railway Company (Y&S), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to sublease from Eastern States Railroad, LLC (ESR) and operate the portion of the 35.7-mile line between milepost 35.7 in Darlington, PA, and milepost 0.0 in Youngstown, OH. In addition, Y&S will operate, as ESR’s agent and in ESR’s name, 3 miles of rail line running east of Youngstown, which is the subject of permanent assignment to ESR of Central Columbiana & Pennsylvania Railway, Inc.’s (CCPR) and Columbiana County Port Authority’s (CCPA) operating rights that will facilitate the interchange of traffic with Norfolk Southern Railway Company and CSX Transportation, Inc. This transaction is related to two concurrently filed verified notices of exemption: STB Finance Docket No. 34934, Eastern States Railroad, LLC— Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc., and Columbiana County Port Authority, wherein ESR seeks to acquire the lease and operating rights of approximately 35.7 miles of rail line owned by CCPA, and to receive permanent assignment of CCPR’s and CCPA’s operating rights to approximately 3 miles of track east of milepost 0.0; and STB Finance Docket No. 34961, Indiana Boxcar Corporation—Continuance in Control Exemption—Youngstown & Southeastern Railway Company, wherein Indiana Boxcar Corporation seeks to continue in control of Y&S upon Y&S’s becoming a Class III carrier. Y&S certifies that its projected annual revenue as a result of this transaction will not exceed $5 million. The transaction was scheduled to be consummated on or after November 29, 2006, the effective date of the exemption (7 days after the exemption was filed). If the 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 does not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34962, must be filed with the Surface Transportation Board, 1925 E:\FR\FM\21DEN1.SGM 21DEN1 76724 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on its 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. E6–21761 Filed 12–20–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34954] Commonwealth Railway, Inc.— Acquisition and Operation Exemption—Norfolk Southern Railway Company sroberts on PROD1PC70 with NOTICES Commonwealth Railway, Inc. (CWRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 12.5 miles of rail line owned by Norfolk Southern Railway Company (NS) between milepost F–4.0 and milepost F–16.5 near Portsmouth, VA. CWRY currently operates the subject line pursuant to a lease with an option to purchase from NS (as the successor to Norfolk and Western Railway Company).1 CWRY states that it has agreed to grant NS and CSX Transportation, Inc. (CSXT) trackage rights over a portion of the subject line between milepost F–16.5 and approximately milepost F–9.9 to allow each connecting carrier equal access to CWRY and the rail line.2 CWRY certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and that its projected annual revenues will not exceed $5 million. CWRY states that the parties intend to consummate the transaction after November 28, 2006 (the effective date of the exemption). If the verified notice contains false or misleading information, the exemption 1 See Commonwealth Railway Incorporated— Lease, Operation, and Acquisition Exemption—Rail Lines in Portsmouth, Chesapeake, and Suffolk, VA, Finance Docket No. 31528 (ICC served Sept. 8, 1989). As part of that transaction, CWRY also acquired a 3.92-mile line of railroad between milepost F–0.8 and milepost F–4.0. 2 According to CWRY, both NS and CSXT will seek the Board’s approval for the trackage rights in separate filings. VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 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. 34954, 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: Eric M. Hocky, Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21614 Filed 12–20–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 285X), STB Docket No. AB–290 (Sub-No. 276X)] High Point, Randleman, Asheboro and Southern Railroad Company— Abandonment Exemption—in Guilford County, NC; Norfolk Southern Railway Company—Discontinuance of Service Exemption—in Guilford County, NC Norfolk Southern Railway Company (NSR) and High Point, Randleman, Asheboro and Southern Railroad Company (HPRAS), a majority-owned NSR subsidiary, have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for NSR to discontinue service over, and for HPRAS to abandon, 1.5 miles of railroad between milepost M 0.0 and milepost M 1.5 in High Point, Guilford County, NC. The line traverses United States Postal Service Zip Code 27260, and includes the former station of High Point. NSR and HPRAS have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on January 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 2, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 10, 2007, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicants’ representative: James R. Paschall, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemptions are void ab initio. NSR and HPRAS have filed an environmental report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 26, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 565– 1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemptions’ effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemptions’ effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76723-76724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21761]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34962]


Youngstown & Southeastern Railway Company--Lease and Operation 
Exemption--Lines of Eastern States Railroad, LLC

    Youngstown & Southeastern Railway Company (Y&S), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to sublease 
from Eastern States Railroad, LLC (ESR) and operate the portion of the 
35.7-mile line between milepost 35.7 in Darlington, PA, and milepost 
0.0 in Youngstown, OH. In addition, Y&S will operate, as ESR's agent 
and in ESR's name, 3 miles of rail line running east of Youngstown, 
which is the subject of permanent assignment to ESR of Central 
Columbiana & Pennsylvania Railway, Inc.'s (CCPR) and Columbiana County 
Port Authority's (CCPA) operating rights that will facilitate the 
interchange of traffic with Norfolk Southern Railway Company and CSX 
Transportation, Inc.
    This transaction is related to two concurrently filed verified 
notices of exemption: STB Finance Docket No. 34934, Eastern States 
Railroad, LLC--Acquisition Exemption--Central Columbiana & Pennsylvania 
Railway, Inc., and Columbiana County Port Authority, wherein ESR seeks 
to acquire the lease and operating rights of approximately 35.7 miles 
of rail line owned by CCPA, and to receive permanent assignment of 
CCPR's and CCPA's operating rights to approximately 3 miles of track 
east of milepost 0.0; and STB Finance Docket No. 34961, Indiana Boxcar 
Corporation--Continuance in Control Exemption--Youngstown & 
Southeastern Railway Company, wherein Indiana Boxcar Corporation seeks 
to continue in control of Y&S upon Y&S's becoming a Class III carrier.
    Y&S certifies that its projected annual revenue as a result of this 
transaction will not exceed $5 million. The transaction was scheduled 
to be consummated on or after November 29, 2006, the effective date of 
the exemption (7 days after the exemption was filed).
    If the 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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34962, must be filed with the Surface Transportation 
Board, 1925

[[Page 76724]]

K Street, NW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 
N Street, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on its 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. E6-21761 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P