[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12013-12014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06082]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36278]


Akron Barberton Cluster Railway Company--Acquisition Exemption--
Board of Portage County Commissioners

    Akron Barberton Cluster Railway Company (ABC), a Class III carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire the entire line of railroad owned by the Board of Portage 
County Commissioners, in Portage County, Ohio (the Line). The Line 
extends from milepost 190.04 near Kent, Ohio, to milepost 182.82 near 
Ravenna, Ohio, a total distance of 7.22 miles. ABC is the current 
operator of the Line.\1\
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    \1\ In 1994, ABC obtained authority to acquire from Consolidated 
Rail Corporation (Conrail) and operate the nearly adjoining line 
segment between milepost 192.51 and milepost 190.05. See Akron 
Barberton Cluster Ry.--Acquis. & Operation Exemption--Certain Lines 
of Consol. Rail Corp., FD 32537 (ICC served Aug. 10, 1994). In its 
verified notice here, however, ABC indicates that Conrail's transfer 
to ABC in 1994 also included an additional 0.01-mile segment between 
milepost 190.05 and milepost 190.04, for which authority was not 
received. ABC asks that, to the extent any further authority is 
deemed necessary for ABC to acquire that segment, such authority be 
included as part of the exemption invoked here. However, such after-
the-fact authority for acquisition from Conrail cannot be granted in 
this proceeding. ABC should file a new notice seeking the 
appropriate authority for the additional segment. See, e.g., Ga. 
Dep't of Transp.--Acquis. Exemption--CSX Transp., Inc., FD 35591 
(STB served Feb. 27, 2012).
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    ABC certifies that the projected annual rail revenues of ABC as a 
result of the proposed transaction will not

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exceed $5 million and the transaction will not result in the creation 
of a Class II or a Class I rail carrier. ABC states that the proposed 
transaction does not involve any provision or agreement that would 
limit future interchange with a third-party connecting carrier.
    ABC states that it intends to consummate the transaction on or 
after April 11, 2019; however, the earliest this transaction may be 
consummated is April 12, 2019, the effective date of the exemption (30 
days after the verified notice 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 to stay must be filed no later than April 5, 2019 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36278, 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 Michael J. Barron, Fletcher & Sippel, LLC, 
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to ABC, this action is exempt from environmental review 
under 49 CFR 1105.6(c) and from historic reporting requirements under 
49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 26, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-06082 Filed 3-28-19; 8:45 am]
 BILLING CODE 4915-01-P