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Mule Sidetracks, L.L.C. (MSLLC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to: (1) Purchase a line of railroad owned by the Columbiana County Port Authority (CCPA) and currently operated by the Youngstown & Southeastern Railway Company (Y&SR), between milepost 0.0 in Youngstown, Ohio, and milepost 35.7 in Darlington, Pa. (the Line); and (2) receive from CCPA permanent assignments of CCPA's agreements and operating rights to approximately 3 miles of continuous track segments running east of milepost 0.0 that connect to the Line and that, inter alia, facilitate interchange with Norfolk Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT) []
Start Printed Page 64052According to MSLLC, this transaction does not involve any provision or agreement that may limit future interchange with a third-party connecting carrier.
According to MSLLC, it will be a common carrier on the Line, and, once it acquires the Line, MSLLC intends to continue operations with Y&SR.[]
In addition, MSLLC states that it will be the common carrier for the 3 miles of continuous track segments extending east of milepost 0.0 in Youngstown, Ohio, that connect with the Line, but Y&SR will operate on the lines solely as an agent of and in the name of MSLLC.
The transaction may be consummated on or after November 8, 2013, the effective date of the exemption.[]
MSLLC certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not result in the creation of a Class I or Class II rail 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. Stay petitions must be filed no later than November 1, 2013 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35773, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on MSLLC's counsel, Richard H. Streeter, Law Offices of Richard H. Streeter, 5255 Partridge Lane NW., Washington, DC 20016.
Board decisions and notices are available on our Web site at “www.stb.dot.gov.”
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Decided: October 22, 2013.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
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[FR Doc. 2013-25180 Filed 10-24-13; 8:45 am]
BILLING CODE 4915-01-P