[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Page 31067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12711]



[[Page 31067]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35623]


Cleveland Commercial Railroad Company, LLC--Continuance in 
Control Exemption--Cleveland Harbor Belt Railroad

    Cleveland Commercial Railroad Company, LLC (CCR), a Class III rail 
carrier, has filed a verified notice of exemption pursuant to 49 CFR 
1180.2(d)(2) to continue in control of Cleveland Harbor Belt Railroad 
(CHB), upon CHB's becoming a Class III rail carrier. CCR has 
established CHB as a limited liability company and has the entire 
ownership interest in CHB.
    This transaction is related to a concurrently filed verified notice 
of exemption in Cleveland Harbor Belt Railroad--Operation Exemption--
Cleveland-Cuyahoga County Port Authority, Docket No. FD 35624, wherein 
CHB seeks Board approval to operate approximately one mile of terminal 
railroad trackage currently owned by Cleveland-Cuyahoga County Port 
Authority (the Port), in Cleveland, Ohio, and operated as exempt 
private trackage by CSX Transportation, Inc. (CSXT) and Norfolk 
Southern Railway. The transaction may be consummated on or after June 
7, 2012 (30 days after the notice of exemption was filed).
    CCR represents that: (1) The rail line to be operated by CHB will 
not connect with the lines currently operated by CCR; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would result in such a connection; and (3) the 
transaction does not involve a Class I carrier. Therefore, the 
transaction is exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under 11324 and 11325 
that involve only Class III rail carriers. Accordingly, the Board may 
not impose labor protective conditions here, because all of the 
carriers involved are Class III carriers.
    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 to stay must be filed no later than May 31, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35623, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on John D. Heffner, 1700 K Street NW., Suite 
640, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: May 21, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-12711 Filed 5-23-12; 8:45 am]
BILLING CODE 4915-01-P