Notice2024-08976
Youngstown & Southeastern Railroad, LLC-Trackage Rights Exemption-Ohio and Pennsylvania Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2024
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 82 (Friday, April 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Page 32519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08976]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36736]
Youngstown & Southeastern Railroad, LLC--Trackage Rights
Exemption--Ohio and Pennsylvania Railroad Company
The Youngstown & Southeastern Railroad, LLC (YS), a Class III
common carrier railroad, has filed a verified notice of exemption under
49 CFR 1180.2(d)(7) for acquisition of overhead trackage rights over
approximately 1.1 miles of rail line, known as the River Track, owned
by Ohio and Pennsylvania Railroad Company (OHPA) between milepost 0.4
at Youngstown, Ohio, and milepost 1.5 in Lowellville, Ohio.
Youngstown & Southeastern Railroad Company, a YS predecessor,
obtained overhead trackage rights over OHPA incidental to acquisition
of certain rail lines between Youngstown and Darlington, Pennsylvania.
According to the verified notice, the new overhead trackage rights on
the River Track will formalize YS's interchange point with CSX
Transportation, Inc. (CSXT) at CSXT's Lowellville Yard. The new rights
derive from an amending agreement \1\ to an earlier trackage rights
agreement governing YS's operations over two related segments of
railroad, the Canfield Segment and the Struthers Segment.\2\
---------------------------------------------------------------------------
\1\ Redacted versions of the trackage rights agreement and
amending agreement were filed with the verified notice. Unredacted
versions of the agreements were submitted to the Board under seal
concurrently with a motion for protective order, which was granted
in a decision served on April 23, 2024.
\2\ According to the verified notice, the amending agreement
refers to a rail customer, Lally Pipe, but only to provide that YS
may serve that customer strictly for the account of (and as agent
for) OHPA. YS states that it will have no rights independent of OHPA
to serve Lally Pipe.
---------------------------------------------------------------------------
As a condition to this exemption, any employees affected by the
acquisition of the trackage rights will be protected by the conditions
imposed in Norfolk & Western Railway--Trackage Rights--Burlington
Northern, Inc., 354 I.C.C. 605 (1978), as modified by Mendocino Coast
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653
(1980).
The transaction may be consummated on or after May 11, 2024, the
effective date of the exemption. 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 3, 2024 (at least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No. FD 36736, 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, a copy of each pleading must be served on YS's
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606.
According to YS, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: April 23, 2024.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024-08976 Filed 4-25-24; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on April 26, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.