Cleveland Harbor Belt Railroad-Operation Exemption-Cleveland-Cuyahoga County Port Authority, 31067 [2012-12712]

Download as PDF Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35623] srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:31 May 23, 2012 Jkt 226001 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 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35624] Cleveland Harbor Belt Railroad— Operation Exemption—ClevelandCuyahoga County Port Authority Cleveland Harbor Belt Railroad (CHB), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately one mile of terminal railroad trackage 1 currently owned by Cleveland-Cuyahoga County Port Authority (the Port) 2 and operated as exempt private trackage by CSX Transportation, Inc. (CSXT) and Norfolk Southern Railway (NS). CHB will replace the service formerly provided by CSXT and NS, and will be operating trackage over rail facilities that are currently being expanded by the Port as part of a vastly expanded port facility.3 This transaction is related to a concurrently filed verified notice of exemption in Cleveland Commercial Railroad Company, LLC—Continuance in Control Exemption—Cleveland Harbor Belt Railroad, Docket No. FD 35623, in which CCR seeks to continue in control of CHB, upon CHB’s becoming a Class III rail carrier. The transaction may be consummated on or after June 7, 2012 (30 days after the notice of exemption was filed). 1 CHB states there are no mileposts on the line. Commercial Railroad Company, LLC (CCR), and its wholly owned assignee, CHB, have filed a copy of the operating agreement with the Port, a noncarrier. See Anthony Macrie— Continuance in Control Exemption—N.J. Seashore Lines, Inc., FD 35296, slip op. at 3–4 (STB served Aug. 31, 2010). 3 CHB states that there are no agreements applicable to the line imposing any interchange commitments. 2 Cleveland PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 31067 CHB certifies that its projected annual revenues as a result of this transaction will not result in CHB’s becoming a Class I or Class II rail carrier and will not exceed $5 million. 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 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 35624, 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 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. 2012–12712 Filed 5–23–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Designation of 2 Individuals Pursuant to Executive Order 13224 of September 23, 2001: Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of 2 individuals whose property and interests in property are blocked pursuant to Executive Order 13224 of September 23, 2001, ‘‘Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism.’’ DATES: The designations by the Director of OFAC of the 2 individuals in this notice, pursuant to Executive Order 13224, are effective on May 17, 2012. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance SUMMARY: E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Page 31067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12712]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35624]


Cleveland Harbor Belt Railroad--Operation Exemption--Cleveland-
Cuyahoga County Port Authority

    Cleveland Harbor Belt Railroad (CHB), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate 
approximately one mile of terminal railroad trackage \1\ currently 
owned by Cleveland-Cuyahoga County Port Authority (the Port) \2\ and 
operated as exempt private trackage by CSX Transportation, Inc. (CSXT) 
and Norfolk Southern Railway (NS). CHB will replace the service 
formerly provided by CSXT and NS, and will be operating trackage over 
rail facilities that are currently being expanded by the Port as part 
of a vastly expanded port facility.\3\
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    \1\ CHB states there are no mileposts on the line.
    \2\ Cleveland Commercial Railroad Company, LLC (CCR), and its 
wholly owned assignee, CHB, have filed a copy of the operating 
agreement with the Port, a noncarrier. See Anthony Macrie--
Continuance in Control Exemption--N.J. Seashore Lines, Inc., FD 
35296, slip op. at 3-4 (STB served Aug. 31, 2010).
    \3\ CHB states that there are no agreements applicable to the 
line imposing any interchange commitments.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Cleveland Commercial Railroad Company, LLC--Continuance 
in Control Exemption--Cleveland Harbor Belt Railroad, Docket No. FD 
35623, in which CCR seeks to continue in control of CHB, upon CHB's 
becoming a Class III rail carrier.
    The transaction may be consummated on or after June 7, 2012 (30 
days after the notice of exemption was filed).
    CHB certifies that its projected annual revenues as a result of 
this transaction will not result in CHB's becoming a Class I or Class 
II rail carrier and will not exceed $5 million.
    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 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 35624, 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 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. 2012-12712 Filed 5-23-12; 8:45 am]
BILLING CODE 4915-01-P

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