[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47980-47981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18010]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34521]


Cleveland Commercial Railroad Company, LLC--Change in Operators 
Exemption--Wheeling & Lake Erie Railway Company

    Cleveland Commercial Railroad Company, LLC (CCR), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to operate a 
line of railroad owned by Wheeling & Lake Erie Railway Company (W&LE). 
Pursuant to a Lease and Operating Agreement entered into on June 21, 
2004, between CCR and W&LE, CCR will lease and operate W&LE's rail line 
extending from a connection with W&LE at milepost 15.5 at Falls 
Junction, in Glenwillow, OH, to milepost 5.1, in Cleveland, OH, a 
distance of approximately 10.4 miles, in Cuyahoga County, OH. The line 
has been operated previously by Connotton Valley Railway, Inc. 
(CVR).\1\
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    \1\ See Connotton Valley Railway, Inc.--Lease and Operation 
Exemption--Wheeling & Lake Erie Railway Company, STB Finance Docket 
No. 34264 (STB served Nov. 7, 2002). On June 18, 2004, CVR's lease 
of the line terminated, and CVR ceased all operations on the line. 
W&LE has been providing rail service to customers on the line since 
June 18, 2004, pursuant to its underlying common carrier obligation 
as owner of the line. Upon consummation of the change in operators 
authorized by the exemption, CVR's authority to lease and operate 
the line will terminate. W&LE states that CVR consents to the 
proposed change in operators of the line.

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[[Page 47981]]

    The parties indicated that the transaction was scheduled to be 
consummated not less than 7 days after the exemption was filed, which 
would have been July 15, 2004.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed by 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. 34521, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Jami L. Bishop, Law Offices of 
Bishop & Nosich, LLC, 143 West Main Street, Cortland, OH 44410.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 30, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-18010 Filed 8-5-04; 8:45 am]
BILLING CODE 4915-01-P