[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