Cleveland Commercial Railroad Company, LLC-Amended Lease and Operation Exemption Containing Interchange Commitment-Norfolk Southern Railway Company, 38985 [2017-17335]

Download as PDF Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices of these Determinations be published in the Federal Register. Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–17327 Filed 8–15–17; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36133] asabaliauskas on DSKBBXCHB2PROD with NOTICES Cleveland Commercial Railroad Company, LLC—Amended Lease and Operation Exemption Containing Interchange Commitment—Norfolk Southern Railway Company Cleveland Commercial Railroad Company, LLC (CCR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate approximately 25.3 miles of rail line from Norfolk Southern Railway Company (NSR) between milepost RH 2.2+/¥ at Cleveland, Ohio, and milepost RH 27.5+/¥ at Aurora, Ohio. According to CCR, it first entered into a lease agreement (Original Agreement) with NSR on May 13, 2009. See Cleveland Commercial R.R.—Lease and Operation Exemption—Norfolk S. Ry., FD 35251 (STB served May 29, 2009). On September 15, 2016, CCR and NSR agreed to amend the Original Agreement (1st Agreement Amendment) to extend the agreement’s termination date an additional six years, through December 31, 2025, and to make other changes.1 CCR states that the 1st Agreement Amendment will take effect on the effective date of this notice of exemption. CCR states that the 1st Agreement Amendment contains an interchange commitment in the form of lease credits. According to CCR, these credits were part of the Original Agreement, which CCR sought in negotiations to afford it greater financial flexibility to, among other things, improve the line’s infrastructure. CCR states that the lease agreement does not prohibit it from interchanging with other carriers and it does not set forth terms under which CCR may interchange traffic with third parties. CCR states that it regularly interchanges traffic with Wheeling & Lake Erie Railway Company (W&LE) and that CCR’s lease and operation of 1 CCR filed a confidential, complete version of the 1st Agreement Amendment with its notice of exemption to be kept confidential by the Board under 49 CFR 1104.14(a) without the need for the filing of an accompanying motion for protective order under 49 CFR 1104.14(b). VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 the subject line, which physically connects with the line that CCR currently leases from W&LE, will not affect the existing CCR and W&LE relationship.2 As required under 49 CFR 1150.43(h)(1), CCR has disclosed in its verified notice that the Original Agreement, as modified by the 1st Agreement Amendment, affects the interchange points with NSR at a track in the vicinity of Von Willer Yard in Cleveland and with W&LE at Falls Junction in Glenwillow, Ohio. CCR has provided additional information regarding the interchange commitment as required by 1150.43(h). CCR also certifies that its projected annual revenues as a result of the transaction will not result in CCR’s becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. The transaction may be consummated on or after August 30, 2017, the effective date of the exemption (30 days after the exemption 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 August 23, 2017 (at least 7 days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 36133, 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, Strasburger & Price, LLP, 1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: August 11, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Marline Simeon, Clearance Clerk. [FR Doc. 2017–17335 Filed 8–15–17; 8:45 am] BILLING CODE 4915–01–P 2 See Cleveland Commercial R.R.—Change in Operators Exemption—Wheeling & Lake Erie Ry., FD 34521 (STB served Aug. 6, 2004). PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 38985 SURFACE TRANSPORTATION BOARD 30-Day Notice of Intent To Seek Extension of Approval: Demurrage Liability Disclosure Requirements Surface Transportation Board. Notice and request for comments. AGENCY: ACTION: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval for the collection of Demurrage Liability Disclosure Requirements. The Board previously published a notice about this collection in the Federal Register. 60-Day Notice of Intent to Seek Extension of Approval: Demurrage Liability Disclosure Requirements, 82 FR 16,872 (Apr. 6, 2017). That notice allowed for a 60-day public review and comment period. No comments were received. DATES: Comments on this information collection should be submitted by September 15, 2017. ADDRESSES: Written comments should be identified as ‘‘Paperwork Reduction Act Comments, Surface Transportation Board: Demurrage Liability Disclosure Requirements.’’ These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Chad Lallemand, Surface Transportation Board Desk Officer, by email at oira_ submission@omb.eop.gov, by fax at (202) 395–6974; or by mail to Room 10235, 725 17th Street NW., Washington, DC 20503. Please also direct comments to Chris Oehrle, PRA Officer, Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001, or to pra@stb.gov. FOR FURTHER INFORMATION CONTACT: For further information regarding this collection, contact Michael Higgins, Deputy Director, Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0284 or at michael.higgins@stb.gov. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Comments are requested concerning: (1) The accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated SUMMARY: E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Page 38985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17335]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36133]


Cleveland Commercial Railroad Company, LLC--Amended Lease and 
Operation Exemption Containing Interchange Commitment--Norfolk Southern 
Railway Company

    Cleveland Commercial Railroad Company, LLC (CCR), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to lease and operate approximately 25.3 miles of rail line 
from Norfolk Southern Railway Company (NSR) between milepost RH 2.2+/- 
at Cleveland, Ohio, and milepost RH 27.5+/- at Aurora, Ohio.
    According to CCR, it first entered into a lease agreement (Original 
Agreement) with NSR on May 13, 2009. See Cleveland Commercial R.R.--
Lease and Operation Exemption--Norfolk S. Ry., FD 35251 (STB served May 
29, 2009). On September 15, 2016, CCR and NSR agreed to amend the 
Original Agreement (1st Agreement Amendment) to extend the agreement's 
termination date an additional six years, through December 31, 2025, 
and to make other changes.\1\ CCR states that the 1st Agreement 
Amendment will take effect on the effective date of this notice of 
exemption.
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    \1\ CCR filed a confidential, complete version of the 1st 
Agreement Amendment with its notice of exemption to be kept 
confidential by the Board under 49 CFR 1104.14(a) without the need 
for the filing of an accompanying motion for protective order under 
49 CFR 1104.14(b).
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    CCR states that the 1st Agreement Amendment contains an interchange 
commitment in the form of lease credits. According to CCR, these 
credits were part of the Original Agreement, which CCR sought in 
negotiations to afford it greater financial flexibility to, among other 
things, improve the line's infrastructure. CCR states that the lease 
agreement does not prohibit it from interchanging with other carriers 
and it does not set forth terms under which CCR may interchange traffic 
with third parties. CCR states that it regularly interchanges traffic 
with Wheeling & Lake Erie Railway Company (W&LE) and that CCR's lease 
and operation of the subject line, which physically connects with the 
line that CCR currently leases from W&LE, will not affect the existing 
CCR and W&LE relationship.\2\ As required under 49 CFR 1150.43(h)(1), 
CCR has disclosed in its verified notice that the Original Agreement, 
as modified by the 1st Agreement Amendment, affects the interchange 
points with NSR at a track in the vicinity of Von Willer Yard in 
Cleveland and with W&LE at Falls Junction in Glenwillow, Ohio. CCR has 
provided additional information regarding the interchange commitment as 
required by 1150.43(h).
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    \2\ See Cleveland Commercial R.R.--Change in Operators 
Exemption--Wheeling & Lake Erie Ry., FD 34521 (STB served Aug. 6, 
2004).
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    CCR also certifies that its projected annual revenues as a result 
of the transaction will not result in CCR's becoming a Class II or 
Class I rail carrier and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction may be consummated on or after August 30, 2017, the 
effective date of the exemption (30 days after the exemption 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 August 23, 
2017 (at least 7 days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36133, 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, Strasburger & Price, LLP, 
1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: August 11, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-17335 Filed 8-15-17; 8:45 am]
 BILLING CODE 4915-01-P
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