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

Published date30 August 2019
Citation84 FR 45820
Record Number2019-18787
SectionNotices
CourtSurface Transportation Board
Federal Register, Volume 84 Issue 169 (Friday, August 30, 2019)
[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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