Southwest Pennsylvania Railroad Company-Acquisition Exemption-Lines of Westmoreland County Industrial Development Corporation, 27664 [2021-10734]

Agencies

• Surface Transportation Board

[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Page 27664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10734]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36515]


Southwest Pennsylvania Railroad Company--Acquisition Exemption--
Lines of Westmoreland County Industrial Development Corporation

    Southwest Pennsylvania Railroad Company (SWP), a Class III rail 
carrier,\1\ has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from Westmoreland County Industrial Development 
Corporation (WCIDC) approximately 43.34 miles of rail line in Fayette 
and Westmoreland Counties, Pa., as follows: (1) From milepost 0.05 in 
Greensburg, Pa., through milepost 2.5 at County Home Junction and 
milepost 17.54 at the Westmoreland/Fayette County border near Everson 
to the end of track at milepost 23.8 in Bullskin, Pa., a distance of 
approximately 23.75 miles; (2) from the connection with Norfolk 
Southern Railway Company at milepost 3.9 in Greensburg, Pa., to 
milepost 0.0 at County Home Junction (milepost 2.5 on the first line 
above), a distance of approximately 3.9 miles; (3) the Yukon Branch 
from milepost 0.0 at Hunker, Pa., to the end of track at milepost 3.5 
at Waltz, Pa., a distance of approximately 3.5 miles; (4) the Mt. 
Pleasant Sub from milepost 3.31 near Everson, Pa., to the end of track 
at approximately milepost 15.3 at Westmoreland Yard near Mount 
Pleasant, Pa., a distance of approximately 11.99 miles, including 
certain yard tracks and a 0.58-mile spur track at Westmoreland Yard; 
\2\ and (5) the W&LE Connector from the connection with SWP at milepost 
0.05 to the connection with Wheeling & Lake Erie Railway Company at 
milepost 0.25 near Everson, Pa., a distance of approximately 0.20 miles 
(the Lines). According to the verified notice, SWP has leased and 
operated the Lines since 1995.\3\
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    \1\ The verified notice states that SWP is a wholly owned 
subsidiary of Carload Express, Inc., a noncarrier holding company 
that also controls two other Class III rail carriers operating in 
Pennsylvania, Maryland, Delaware, and Virginia. See Carload Express, 
Inc.--Continuance in Control Exemption--Delmarva Cent. R.R., FD 
36072 (STB served Dec. 2, 2016).
    \2\ SWP states that it previously acquired the segment of the 
Mt. Pleasant Sub from milepost 0.0 in Broad Ford, Pa., to milepost 
3.31 in Southwest Pennsylvania Railroad--Acquisition Exemption--
Laurel Hill Development Corp., FD 35584 (STB served Jan. 13, 2012).
    \3\ See Sw. Pa. R.R.--Acquis. & Operation Exemption--Lines of 
Consolidated Rail Corp., FD 32692 (ICC served July 21, 1995); Sw. 
Pa. R.R.--Lease & Operation Exemption--Lines of Westmoreland Cnty. 
Indus. Dev. Corp., FD 32737 (ICC served July 21, 1995; Westmoreland 
Cnty. Indus. Dev. Corp.--Acquis. Exemption--Sw. Pa. R.R., FD 32767 
(ICC served Nov. 3, 1995).
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    The verified notice states that SWP and WCIDC have executed a 
Purchase and Sale Agreement dated April 23, 2021, providing for SWP's 
acquisition of the Lines.
    SWP certifies that its projected annual revenues as a result of 
this transaction will not result in SWP's becoming a Class II or Class 
I rail carrier but that its annual revenues exceed $5 million. Pursuant 
to 49 CFR 1150.42(e), if a carrier's projected annual revenues will 
exceed $5 million, it must, at least 60 days before the exemption is to 
become effective, post a notice of its intent to undertake the proposed 
transaction at the workplace of the employees on the affected lines, 
serve a copy of the notice on the national offices of the labor unions 
with employees on the affected lines, and certify to the Board that it 
has done so. However, SWP has filed a petition for waiver of the 60-day 
advance labor notice requirements. SWP's waiver request will be 
addressed in a separate decision. The Board will establish the 
effective date of the exemption in its separate decision on the waiver 
request.
    SWP also certifies that the proposed acquisition and operation of 
the Lines does not involve a provision or agreement that may limit 
future interchange with a third-party connecting carrier.
    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 28, 2021.
    All pleadings, referring to Docket No. FD 36515, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on SWP's 
representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to SWP, 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: May 17, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2021-10734 Filed 5-20-21; 8:45 am]
BILLING CODE 4915-01-P