[Federal Register: December 23, 1999 (Volume 64, Number 246)]
[Notices]               
[Page 72142]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de99-133]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33818]

 
Central Columbiana & Pennsylvania Railway, Inc.--Lease and 
Operation Exemption-- Columbiana County Port Authority

    Central Columbiana & Pennsylvania Railway, Inc. (CCPR), a 
noncarrier and wholly owned subsidiary of Arkansas Short Line 
Railroads, Inc. (ASR), has filed a notice of exemption under 49 CFR 
1150.31 to lease and operate 35.7 miles of rail line from Columbiana 
County Port Authority (CCPA) extending from milepost 0.0 at or near 
Youngstown, OH, to milepost 35.7 at or near Darlington, PA.<SUP>1</SUP> 
CCPR states that a tentative agreement has been reached with OHPA that 
will allow CCPR to operate over the 35.7-mile line and the portion of 
the connecting 3-mile segment that is owned by OHPA. In order for CCPR 
to interchange with CSX Transportation, Inc., at milepost -3.0 at or 
near Struthers and with Norfolk Southern Railway Company at milepost 
-1.5 at Haselton Yard, CCPR states that it hopes to take advantage of 
the existing easements whereby OHPA is operating over the portions of 
the line that it does not own. If it is unable to do so, CCPR will seek 
to negotiate agreements with other property owners <SUP>2</SUP> so that 
it will be able to perform railroad operations over the entire line of 
railroad.<SUP>3</SUP>
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    \1\  The Board, under 49 U.S.C. 10502, exempted from the prior 
approval requirements of 49 U.S.C. 10903, the abandonment by 
Railroad Ventures, Inc., of the 35.7-mile line and a connecting 1-
mile line segment near Negley, OH, and the discontinuance of service 
over the line by The Ohio & Pennsylvania Railroad Company (OHPA). 
See Railroad Ventures, Inc.--Abandonment Exemption--Between 
Youngstown, OH, and Darlington, PA, in Mahoning and Columbiana 
Counties, OH, and Beaver County, PA, STB Docket No. AB-556 (Sub-No. 
2X), et al. (STB served Sept. 3, 1999). On November 8, 1999, CCPA 
filed an offer of financial assistance (OFA) to purchase the entire 
line of railroad. This proceeding is currently pending. The OFA does 
not cover a connecting 3-mile line segment from milepost 0.0 to 
milepost -3.0 between Youngstown and Struthers, OH. Portions of this 
3-mile segment are apparently owned separately by OHPA, Allied 
Erecting and Dismantling Company, Inc. (Allied Erecting), and 
Darlington Pipe Company, Inc./Matteson Equipment (Matteson).
    \2\  CCPR states that Matteson has indicated a willingness to 
negotiate with CCPR and that CCPR will seek to negotiate an 
agreement with Allied Erecting in the near future.
    \3\  In issuing this notice, the Board is making no ruling on 
the contractual rights of the parties. Therefore, by invoking the 
class exemption, CCPR has the right to perform common carrier 
service to the extent that it has or obtains the property rights to 
enable it to carry out the service.
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    CCPR states that consummation of the transaction is contingent on 
the approval and acceptance of the OFA filed by CCPA to acquire the 
line and that CCPR has agreed to commence operations on the line at the 
earliest possible date after all approvals have been acquired and/or 
granted. The earliest date that the transaction could have been 
consummated was November 30, 1999, the effective date of the 
exemption.<SUP>4</SUP>
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    \4\  Under 49 CFR 1150.32(b), notices of exemption become 
effective 7 days after being filed. Here, the effective date is 
calculated from November 23, 1999, when supplemental information was 
filed by CCPR.
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    This transaction is related to STB Finance Docket No. 33817, 
Arkansas Short Line Railroads, Inc.--Continuance in Control Exemption--
Central Columbiana & Pennsylvania Railway, Inc.; Dardanelle & 
Russellville Railroad, Inc.; and the Ouachita Railroad, wherein ASR 
seeks to continue in control of Dardanelle & Russellville, Inc., the 
Ouachita Railroad, and CCPR, upon CCPR's becoming a Class III railroad.
    If this 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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33818, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Richard H. Streeter, 1401 Eye Street, N.W., Suite 500, 
Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 16, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-33181 Filed 12-22-99; 8:45 am]
BILLING CODE 4915-00-P