[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Page 62869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19788]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36704]


The Warren & Trumbull Railroad Company--Acquisition and Operation 
Exemption--Economic Development Rail II Corporation

    The Warren & Trumbull Railroad Company (WTRC), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Economic Development Rail II Corporation (EDR-II), and 
to operate approximately 8.97 miles of rail line and associated right-
of-way including: (1) the property known as North Warren Railroad 
located along the 2.78 miles of track between milepost 91.60 near the 
North Warren Station in Warren, Ohio and milepost 94.38 at North Warren 
in North Trumbull, Ohio; (2) the property known as a portion of 
Conrail's Freedom Secondary Railroad between milepost 164.52 and 
milepost 160.60 in Warren, Ohio, and the K-Mart Lead extending from its 
connection with the Freedom Secondary at milepost 81.00 up to and 
including milepost 81.70; (3) the K-Mart Lead from milepost 81.70 up to 
and including milepost 82.90; and (4) the section of track beginning at 
milepost 82.90 up to and including track to the east R.O.W. of Park 
Avenue being 1435.61 feet <plus-minus> (the Lines).
    According to the verified notice, WTRC has operated over the Lines 
pursuant to an agreement between WTRC and EDR-II, and now WTRC seeks 
authority to acquire ownership of the Lines from EDR II.
    The verified notice states that the parties entered into a Purchase 
and Sale Agreement for WTRC to acquire and operate the Lines. WTRC 
states that the transaction will proceed as of the effective date of 
this notice of exemption.
    WTRC certifies that the proposed acquisition of the Lines does not 
involve any interchange commitments. WTRC further certifies that its 
projected revenues as a result of this transaction will not exceed 
those that would qualify it as a Class III carrier and will not exceed 
$5 million.
    The transaction may be consummated on or after September 27, 2023, 
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 20, 
2023.
    All pleadings, referring to Docket No. FD 36704, must be filed with 
the Surface Transportation Board either 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 
WTRC's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to WTRC, 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 www.stb.gov.


    Decided: September 8, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-19788 Filed 9-12-23; 8:45 am]
BILLING CODE 4915-01-P