[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Notices]
[Page 43833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18143]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35944]


Akron Barberton Cluster Railway Company--Lease and Operation 
Exemption--Metro Regional Transit Authority

    Akron Barberton Cluster Railway Company (ABC), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to amend its lease with Metro Regional Transit Authority (Metro), and 
continue to lease the freight rail easement on the Akron-Krumroy Line 
between approximately milepost 40.42 in Akron, Ohio, and approximately 
milepost 33.70 in Krumroy, Ohio (the Line), a distance of approximately 
6.72 miles in Summit County, Ohio.\1\
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    \1\ ABC obtained authority to lease and operate the subject rail 
line in Akron Barberton Cluster Railway--Lease & Operation 
Exemption--Metro Regional Transit Authority, FD 34362 (STB served 
July 11, 2003).
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    ABC states it will continue to provide rail freight service between 
the industries on the Line and the connecting line-haul carriers, 
Wheeling & Lake Erie Railway Company and CSX Transportation, Inc., in 
Akron/Barberton, Ohio. ABC further states that Metro, as the owner and 
lessor of the freight easement, will retain a residual common carrier 
obligation on the Line but will not operate any rail freight service on 
the Line.
    ABC certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
II or Class I rail carrier and will not exceed $5 million. According to 
ABC, the lease agreement does not contain any provision that would 
limit ABC's ability to interchange traffic with a third-party 
connecting carrier.
    ABC states that it intends to consummate the transaction on or 
shortly after August 6, 2015, the effective date of this transaction 
(30 days after the exemption was filed). 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 effectiveness of the exemption. Stay petitions must be filed no 
later than July 30, 2015 (at least seven days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35944, 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 Michael J. Barron, Jr., Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 20, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-18143 Filed 7-22-15; 8:45 am]
BILLING CODE 4915-01-P