[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Page 31067]
From the Federal Register Online via the Government Publishing 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