Youngstown & Southeastern Railroad Co.-Acquisition and Operation Exemption-Mule Sidetracks, LLC, 45820 [2019-18787]

Download as PDF 45820 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices Athenee Hotel, 37 E 64th Street, New York, NY 10065. FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571–313–8843, contact@sji.gov. ADDRESSES: Jonathan D. Mattiello, Executive Director. [FR Doc. 2019–18851 Filed 8–29–19; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36342] Youngstown & Southeastern Railroad Co.—Acquisition and Operation Exemption—Mule Sidetracks, LLC jspears on DSK3GMQ082PROD with NOTICES Youngstown & Southeastern Railroad Co. (YSRR), a Class III carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Mule Sidetracks, LLC (MSLLC), and to continue to operate approximately 35.7 miles of rail line between milepost 0.0 in Youngstown, Ohio, and milepost 35.7 in Darlington, Pa. (the Line), together with MSLLC’s rights over three miles of contiguous track segments, including incidental trackage rights, running from east of milepost 0.0 and connecting the Line to interchange with Norfolk Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT).1 1 YSRR states that these rights are found in the following agreements, under which MSLLC has succeeded to the interests of the Line’s previous owner, Columbiana County Port Authority (CCPA): (1) Overhead Trackage Rights Agreement dated May 7, 2001, between Ohio & Pennsylvania Railroad Company (OHPA) and Central Columbiana & Pennsylvania Railway, Inc. (CQPA), to which CCPA is successor; (2) Letter Agreement regarding yard operations dated November 30, 2011, among OHPA, CQPA, and CCPA; (3) Interchange Agreement dated July 23, 2002, as amended and in effect, among CSXT, OHPA, and CQPA, and Interline Service Agreement, effective date April 1, 2004, between CSXT and CQPA, to which CCPA is successor; (4) Land Lease dated August 8, 2003, between CSXT and CQPA, which was assumed by CCPA, effective January 3, 2006; (5) Interchange Agreement dated May 1, 2001, and Interline Service Agreement, effective date October 5, 2004, between CQPA and NSR, to which CCPA is successor; (6) easements granted by Allied Erecting & Dismantling Company, Inc. (Allied), to The Pittsburgh and Lake Erie Railroad Company (P&LE) by agreements dated June 3, 1992, and November 10, 1993, and easements retained by P&LE in deeds dated June 3, 1992, and November 10, 1993, from P&LE to Allied (collectively, the Allied Easements), which Allied Easements were conveyed by Youngstown and Southern Railway Company to Railroad Ventures, Inc. (RVI), by deed dated November 8, 1996, and by RVI to CCPA by deed dated January 23, 2001, and were included in the rights granted to CQPA by CCPA, including rights over the C.P. Graham Interlocking, and which collective rights were also conferred on CCPA by order of the Bankruptcy Court dated March 28, 2002, in In re: Pittsburgh & Lake Erie Properties, Inc., Case No. 96–406 (MFW), VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 YSRR states that it has been operating the Line and connecting track since 2006, first pursuant to a lease with the previous owner, CCPA,2 and subsequently pursuant to an operating agreement with MSLCC 3 since MSLCC acquired the Line and rights in 2013.4 YSSR further states that it is entering into an asset purchase sale agreement with MSLLC in which YSRR will acquire the Line and all of MSLLC’s related rights to the contiguous track segments, and, following closing, YSRR will be both the owner and operator of the Line and contiguous track segments. YSRR certifies that, following this transaction, YSRR’s annual revenues will be less than $5 million annually, and it will remain a Class III carrier. YSRR also certifies that the proposed acquisition does not involve an interchange commitment. This transaction may be consummated on or after September 14, 2019, 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 6, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36342, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on YSRR’s representatives, Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, and to which CCPA is successor; and (7) Operating Rights Agreement between Matteson Equipment Company (Matteson) and CQPA, to which CCPA is successor, and Operating Rights Agreement between Eastern States Railroad, LLC, and Matteson dated July 14, 2006, to which CCPA is successor. 2 See Youngstown & Se. Ry.—Lease & Operation Exemption—Lines of E. States R.R., FD 34992 (STB served Dec. 21, 2006). According to YSRR, Eastern States Railroad (ESR) was to have acquired the Line and related rights from CCPA, which had been leasing them to ESR with YSRR as its tenant. See E. States R.R.—Acquis. Exemption—Cent. Columbiana & Pa. Ry., FD 34934 (STB served Dec. 21, 2006). YSRR states, however, that ESR never consummated the acquisition and CCPA remained the owner and directly leased the Line and related rights to YSRR until the sale by CCPA to MSLLC. 3 See Youngstown & Se. Ry.—Operation Exemption—Mule Sidetracks, LLC, FD 35774 (STB served Oct. 29, 2013). 4 See Mule Sidetracks, L.L.C.—Acquis. Exemption—Columbiana Cty. Port Auth., FD 35773 (STB served Oct. 25, 2013). PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 PA 19103, and Sloane S. Carlough, Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004. According to YSRR, this action is excluded from environmental review under 49 CFR 1105.6(c), and from historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: August 27, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2019–18787 Filed 8–29–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36321] Alabama Export Railroad, Inc.—Lease and Operation Exemption—Illinois Central Railroad Company Alabama Export Railroad, Inc. (ALE), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 12.1 miles of railroad line in downtown Mobile, Ala., owned by the Illinois Central Railroad Company (IC). The rail line extends between Belt Junction at milepost 6.6 and the State Docks at milepost 0.0 on IC’s Beaumont Subdivision, and between Belt Junction at milepost 6.6 and Frascati Junction at milepost 1.1 on IC’s Frascati Lead (the Line). This transaction is related to a concurrently filed verified notice of exemption in Mississippi Export Railroad—Continuance in Control Exemption—Alabama Export Railroad, Docket No. FD 36320, in which Mississippi Export Railroad Company (MSE) seeks to continue in control of ALE upon ALE’s becoming a Class III rail carrier. ALE states that it and IC are negotiating track lease and switching agreements under which IC, in addition to continuing to own the Line, would also be the Line’s lessor, and ALE would be the lessee and operator. According to ALE, the proposed agreements between ALE and IC do not contain an interchange commitment. ALE certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Page 45820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18787]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36342]


Youngstown & Southeastern Railroad Co.--Acquisition and Operation 
Exemption--Mule Sidetracks, LLC

    Youngstown & Southeastern Railroad Co. (YSRR), a Class III carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire from Mule Sidetracks, LLC (MSLLC), and to continue to operate 
approximately 35.7 miles of rail line between milepost 0.0 in 
Youngstown, Ohio, and milepost 35.7 in Darlington, Pa. (the Line), 
together with MSLLC's rights over three miles of contiguous track 
segments, including incidental trackage rights, running from east of 
milepost 0.0 and connecting the Line to interchange with Norfolk 
Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT).\1\
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    \1\ YSRR states that these rights are found in the following 
agreements, under which MSLLC has succeeded to the interests of the 
Line's previous owner, Columbiana County Port Authority (CCPA): (1) 
Overhead Trackage Rights Agreement dated May 7, 2001, between Ohio & 
Pennsylvania Railroad Company (OHPA) and Central Columbiana & 
Pennsylvania Railway, Inc. (CQPA), to which CCPA is successor; (2) 
Letter Agreement regarding yard operations dated November 30, 2011, 
among OHPA, CQPA, and CCPA; (3) Interchange Agreement dated July 23, 
2002, as amended and in effect, among CSXT, OHPA, and CQPA, and 
Interline Service Agreement, effective date April 1, 2004, between 
CSXT and CQPA, to which CCPA is successor; (4) Land Lease dated 
August 8, 2003, between CSXT and CQPA, which was assumed by CCPA, 
effective January 3, 2006; (5) Interchange Agreement dated May 1, 
2001, and Interline Service Agreement, effective date October 5, 
2004, between CQPA and NSR, to which CCPA is successor; (6) 
easements granted by Allied Erecting & Dismantling Company, Inc. 
(Allied), to The Pittsburgh and Lake Erie Railroad Company (P&LE) by 
agreements dated June 3, 1992, and November 10, 1993, and easements 
retained by P&LE in deeds dated June 3, 1992, and November 10, 1993, 
from P&LE to Allied (collectively, the Allied Easements), which 
Allied Easements were conveyed by Youngstown and Southern Railway 
Company to Railroad Ventures, Inc. (RVI), by deed dated November 8, 
1996, and by RVI to CCPA by deed dated January 23, 2001, and were 
included in the rights granted to CQPA by CCPA, including rights 
over the C.P. Graham Interlocking, and which collective rights were 
also conferred on CCPA by order of the Bankruptcy Court dated March 
28, 2002, in In re: Pittsburgh & Lake Erie Properties, Inc., Case 
No. 96-406 (MFW), and to which CCPA is successor; and (7) Operating 
Rights Agreement between Matteson Equipment Company (Matteson) and 
CQPA, to which CCPA is successor, and Operating Rights Agreement 
between Eastern States Railroad, LLC, and Matteson dated July 14, 
2006, to which CCPA is successor.
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    YSRR states that it has been operating the Line and connecting 
track since 2006, first pursuant to a lease with the previous owner, 
CCPA,\2\ and subsequently pursuant to an operating agreement with MSLCC 
\3\ since MSLCC acquired the Line and rights in 2013.\4\ YSSR further 
states that it is entering into an asset purchase sale agreement with 
MSLLC in which YSRR will acquire the Line and all of MSLLC's related 
rights to the contiguous track segments, and, following closing, YSRR 
will be both the owner and operator of the Line and contiguous track 
segments.
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    \2\ See Youngstown & Se. Ry.--Lease & Operation Exemption--Lines 
of E. States R.R., FD 34992 (STB served Dec. 21, 2006). According to 
YSRR, Eastern States Railroad (ESR) was to have acquired the Line 
and related rights from CCPA, which had been leasing them to ESR 
with YSRR as its tenant. See E. States R.R.--Acquis. Exemption--
Cent. Columbiana & Pa. Ry., FD 34934 (STB served Dec. 21, 2006). 
YSRR states, however, that ESR never consummated the acquisition and 
CCPA remained the owner and directly leased the Line and related 
rights to YSRR until the sale by CCPA to MSLLC.
    \3\ See Youngstown & Se. Ry.--Operation Exemption--Mule 
Sidetracks, LLC, FD 35774 (STB served Oct. 29, 2013).
    \4\ See Mule Sidetracks, L.L.C.--Acquis. Exemption--Columbiana 
Cty. Port Auth., FD 35773 (STB served Oct. 25, 2013).
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    YSRR certifies that, following this transaction, YSRR's annual 
revenues will be less than $5 million annually, and it will remain a 
Class III carrier. YSRR also certifies that the proposed acquisition 
does not involve an interchange commitment.
    This transaction may be consummated on or after September 14, 2019, 
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 6, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36342, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on YSRR's representatives, Eric M. 
Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 
1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC, 
1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
    According to YSRR, this action is excluded from environmental 
review under 49 CFR 1105.6(c), and from historic reporting under 49 CFR 
1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 27, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019-18787 Filed 8-29-19; 8:45 am]
 BILLING CODE 4915-01-P
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