Notice2022-19821
Wheeling & Lake Erie Railway Company-Sublease Renewal Exemption-Pittsburgh & West Virginia Railroad
Primary source
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Published
September 14, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 177 (Wednesday, September 14, 2022)</title>
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[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56481-56482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19821]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36639]
Wheeling & Lake Erie Railway Company--Sublease Renewal
Exemption--Pittsburgh & West Virginia Railroad
Wheeling & Lake Erie Railway Company (W&LE) has filed a verified
notice of exemption under 49 CFR 1180.2(d)(4) to renew its sublease of
approximately 120 miles of rail line of the Pittsburgh & West Virginia
Railroad (PWV), principally extending between Pittsburgh Junction,
Ohio, and Connellsville, Pa., with short branch lines extending to
Clairton and Mifflin Junction, Pa. (the Lines). W&LE states that the
Lines have been leased by Norfolk Southern Railway Company (NSR) and
its predecessors in interest since 1962. According to the verified
notice, W&LE has subleased and provided all rail operations on the
Lines since 1990. W&LE states that it has renewed the sublease for an
additional period of ninety-nine (99) years, from October 16, 2062, to
October 16, 2161.\1\
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\1\ According to W&LE, the current agreement provides for the
right to extend the sublease for an additional 99-year term with a
written notice. Exhibit 2 of the verified notice provides copies of
W&LE's written notice to NSR extending the 1990 sublease, dated May
24, 2022, and NSR's notice to PWV extending the 1962 lease, dated
August 9, 2022. The verified notice states that no other
modifications have been made to the underlying agreements.
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According to the verified notice W&LE seeks to renew its current
lease and sublease arrangements for the Lines to provide stability and
certainty for W&LE's operation and to accommodate long-term planning
and investment for those lines.
As a condition to the use of this exemption, any employees affected
by this transaction will be protected by the conditions imposed in
Mendocino Coast Ry.--Lease & Operate, 354 I.C.C. 732 (1978), modified,
360 I.C.C. 653 (1980).
The transaction may be consummated on or after September 28, 2022,
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 22,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36639, must be filed with
the Surface Transportation Board via e-filing on the Board's website or
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In
addition, one copy of each pleading must be served on W&LE's
representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
[[Page 56482]]
According to W&LE, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: September 8, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum.
Clearance Clerk.
[FR Doc. 2022-19821 Filed 9-13-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on September 14, 2022.
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