[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Page 55059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19456]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36427]


Akron Barberton Cluster Railway Company--Amendment of Lease 
Exemption--Metro Regional Transit Authority

    Akron Barberton Cluster Railway Company (ABC), a Class III 
switching and terminal railroad, filed a verified notice of exemption 
under 49 CFR 1150.41 to amend its lease from Metro Regional Transit 
Authority (Metro) of an existing rail freight operating easement on a 
6.72-mile rail line extending from approximately milepost 40.42 in 
Akron to approximately milepost 33.70 in Krumroy, in Summit County, 
Ohio (the Line).\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), and authority for a previous lease amendment in 
Akron Barberton Cluster Railway--Lease & Operation Exemption--Metro 
Regional Transit Authority, FD 35944 (STB served July 23, 2015).
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    ABC states it will continue to provide freight rail service between 
the industries on the Line and 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 freight rail 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. ABC also 
states that the lease agreement does not contain any provision that 
would limit ABC's future interchange of traffic on the line with a 
third-party connecting carrier.
    ABC intends to consummate the amendment to the lease on or shortly 
after September 17, 2020, the effective date of the exemption (30 days 
after the verified notice of 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 to stay must be filed no later than September 10, 
2020 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36427, must be filed with the Surface Transportation Board either 
via e-filing or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
ABC's representative, Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to ABC, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 28, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-19456 Filed 9-2-20; 8:45 am]
BILLING CODE 4915-01-P