[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2482-2483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00457]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35704]


Carload Express, Inc.--Continuance in Control Exemption--Ohio 
Terminal Railway Company

    Carload Express, Inc. (CEI) has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Ohio Terminal Railway Company (OTRC), upon OTRC's becoming a Class III 
rail carrier. OTRC is a wholly owned, corporate subsidiary of CEI.
    This transaction is related to a concurrently filed verified notice 
of exemption in Ohio Terminal Railway Company--Operation Exemption--
Hannibal Real Estate, LLC, Docket No. FD 35703, wherein OTRC seeks 
Board approval to operate a 12.2-mile line, known as the Omal Secondary 
Track, from milepost 60.5 at or near Powhatan Point, to milepost 72.7 
at or near Hannibal, in Monroe County, Ohio.
    CEI intends to consummate the transaction on January 27, 2013 (the 
effective date of this notice).
    CEI currently controls three Class III rail carriers: Allegheny 
Valley Railroad Company, Southwest Pennsylvania Railroad Company, and 
Camp Chase Railroad Company. The three Class III rail carriers operate 
rail lines in Pennsylvania and Ohio.
    CEI certifies that: (1) The rail lines to be operated by OTRC do 
not connect with any other railroads in the CEI corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the rail lines to be operated by

[[Page 2483]]

CEI with any other railroad in the CEI corporate family; and (3) the 
transaction does not involve a Class I rail 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 Sec. Sec.  
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 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 January 18, 2013 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35704, 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 Richard R. Wilson, 518 N. Center Street, 
Ste. 100, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 8, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-00457 Filed 1-10-13; 8:45 am]
BILLING CODE 4915-01-P