[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Notices]
[Page 37470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13383]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34201]


International Steel Group, Inc.--Continuance in Control 
Exemption--ISG South Chicago & Indiana Harbor Railway Company and ISG 
Cleveland Works Railway Company

    International Steel Group, Inc. (ISG), a noncarrier, has filed a 
verified notice of exemption to continue in control of ISG South 
Chicago & Indiana Harbor Railway Company (SCIH) \1\ and ISG Cleveland 
Works Railway Company (CWRO),\2\ upon CWRO's becoming a Class III rail 
carrier.
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    \1\ SCIH, a Class III rail carrier, is a wholly owned subsidiary 
of ISG Indiana Harbor Inc., which is a wholly owned subsidiary of 
ISG. SCIH operates over lines located in Illinois and Indiana.
    \2\ ISG indirectly controls CWRO, a noncarrier at the time of 
the filing of the verified notice. CWRO is a wholly owned subsidiary 
of ISG Cleveland Inc., which is a wholly owned subsidiary of ISG.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34182, ISG Cleveland Works 
Railway Company--Acquisition and Operation Exemption--Rail Lines of The 
Cuyahoga Valley Railway Company and River Terminal Railway Company, 
wherein CWRO seeks to acquire the railroad lines and trackage rights of 
The Cuyahoga Valley Railway Company and River Terminal Railway Company, 
Class III rail carrier subsidiaries of LTV Steel Company, Inc. The 
railroad lines are located in Cuyahoga County, OH, south of Cleveland.
    The transaction was expected to be consummated when the transaction 
covered by STB Finance Docket No. 34182 was consummated.\3\
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    \3\ The exemption in STB Finance Docket No. 34182, became 
effective on May 15, 2002, when the Board denied a petition to 
revoke the exemption and lifted the stay of the effectiveness of the 
exemption. The stay had been issued to allow orderly consideration 
of the parties' arguments.
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    ISG states that: (i) The properties of SCIH and CWRO will not 
connect with each other or any railroads in their corporate family; 
(ii) the continuance in control is not part of a series of anticipated 
transactions that would connect the rail lines of the two railroads 
with each other or any railroads in their corporate family; and (iii) 
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 sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34201, must be filed with the Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-
0001. In addition, a copy of each pleading must be served on Kevin M. 
Sheys, Kirkpatrick & Lockhart LLP, 1800 Massachusetts Avenue, Second 
Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 22, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-13383 Filed 5-28-02; 8:45 am]
BILLING CODE 4915-00-P