Eastern States Railroad, LLC-Acquisition Exemption-Central Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port Authority, 76723 [E6-21762]

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

Agencies

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21762]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34934]


Eastern States Railroad, LLC--Acquisition Exemption--Central 
Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port 
Authority

    Eastern States Railroad, LLC (ESR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire the lease 
and operating rights to approximately 35.7 miles of rail line owned by 
the Columbiana County Port Authority (CCPA). The line extends between 
milepost 0.0 in Youngstown, OH, and milepost 35.7 in Darlington, PA. 
Currently, the Ohio & Pennsylvania Railroad Company (O&P) operates over 
this line pursuant to an interim operating agreement with the trustee 
of the line's former operator, the Central Columbiana & Pennsylvania 
Railway, Inc. (CCPR), which filed for bankruptcy in the U.S. Bankruptcy 
Court for the Eastern District of Arkansas.\1\ O&P received interim 
operating authority from the Board in The Ohio and Pennsylvania 
Railroad--Acquisition and Operation Exemption--Rail Lines of Columbiana 
County Port Authority in Mahoning and Columbiana Counties, OH, and 
Beaver County, PA, STB Finance Docket No. 34632 (STB served Dec. 21, 
2004). According to ESR, O&P's interim operating agreement will 
terminate, pursuant to an order of the bankruptcy court, upon the 
effective date of this notice. According to ESR, the bankruptcy court 
has authorized CCPR, through CCPR's trustee, to assign its lease and 
operating rights to ESR.
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    \1\ U.S. Bankruptcy Court for the Eastern District of Arkansas, 
Case No. 04-BK-16887T.
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    ESR also seeks to receive permanent assignment of CCPA's and CCPR's 
operating rights to approximately 3 miles of track running east of 
milepost 0.0. ESR claims that this acquisition will, in combination 
with other rights that ESR has obtained, facilitate interchange with 
Norfolk Southern Railway Company and CSX Transportation, Inc.
    According to ESR, it has entered into an interim operating 
agreement with the 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.
    ESR certifies that its projected annual revenues as a result of the 
transaction will not exceed $5 million. The transaction was scheduled 
to be consummated on November 29, 2006, the effective date of the 
exemption (7 days after the exemption was filed).
    This transaction is related to two concurrently filed verified 
notices of exemption: STB Finance Docket No. 34962, Youngstown & 
Southeastern Railway Company--Lease and Operation Exemption--Lines of 
Eastern States Railroad, LLC, wherein Youngstown & Southeastern Railway 
Company (Y&S) seeks to sublease and/or operate the 38.7 miles of line 
being acquired by ESR in this docket; and STB Finance Docket No. 34961, 
Indiana Boxcar Corporation--Continuance in Control Exemption--
Youngstown & Southeastern Railway Company, wherein Indiana Boxcar 
Corporation seeks an exemption for continuance in control once Y&S is 
granted common carrier authority.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34934, 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 Myles L. Tobin, Fletcher & 
Sippel, LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our 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. E6-21762 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P