[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Notices]
[Page 21821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10671]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34034]


The Cuyahoga Valley Railway Company--Trackage Rights Exemption--
The Mahoning Valley Railway Company

    The Mahoning Valley Railway Company (MVR), a Class III rail 
carrier, has agreed to grant limited, nonexclusive trackage rights to 
The Cuyahoga Valley Railway Company (CVR), a Class III rail carrier.\1\ 
CVR will operate over the necessary portions of the MVR rail system in 
Youngstown to or from interchange with whichever connecting carriers 
exist at the time such rights are exercised.\2\ The transaction was 
expected to be consummated on or after April 19, 2001.
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    \1\ MVR is a wholly owned subsidiary of CVR, which is a wholly 
owned subsidiary of LTV Steel, Inc. (LTV). MVR provides rail service 
to certain LTV facilities in Youngstown, OH (Facilities). The 
trackage rights are part of a larger transaction in which CVR will 
sell and transfer to Summit View, Inc. all of MVR's issued and 
outstanding capital stock. CVR is being granted trackage rights to 
ensure that rail service continues to the Facilities in the event 
that MVR does not provide the Facilities with rail service at 
agreed-upon levels.
    \2\ CVR's trackage rights (i) will become effective, from time 
to time, only if and when MVR rail service falls below certain 
standards, (ii) will remain effective only for defined periods of 
time, and (iii) do not permit CVR to provide any rail services to 
any customer other than the Facilities.
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    This notice is filed under 49 CFR 1180.2(d)(7). If it 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.
    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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34034, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Rose-Michele Weinryb, Esq., Weiner Brodsky Sidman Kider 
PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 23, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-10671 Filed 4-30-01; 8:45 am]
BILLING CODE 4915-00-P