[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Page 63569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22683]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36581]


Akron Barberton Cluster Railway Company--Acquisition Exemption--
Rittman Community Improvement Corporation

    Akron Barberton Cluster Railway Company (ABC), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Rittman Community Improvement Corporation (RCIC) 
approximately 3.26 miles of rail line between milepost 216.76 near 
Wadsworth, and milepost 220.02 near Rittman, in Medina and Wayne 
Counties, Ohio (the Line).
    The verified notice states that ABC has been serving as the 
operator on the Line since August 1994 when it acquired the rail assets 
of its predecessor, Akron & Barberton Belt Railroad Company, and 
several Consolidated Rail Corporation lines. See Akron Barberton 
Cluster Ry.--Acquis. & Operation Exemption--Certain Lines of Consol. 
Rail Corp., FD 32537 (ICC served Aug. 10, 1994). ABC states that the 
Line was inadvertently omitted from the verified notice of exemption 
filed in that docket and that the authority it seeks here would rectify 
that oversight. The verified notice also states that RCIC and ABC have 
executed a purchase and sale agreement providing for ABC's acquisition 
of all of RCIC's right, title, and interest in and to the Line subject 
to ABC's receipt of appropriate authority or exemption from the Board, 
and that ABC will continue to operate and provide all rail common 
carrier service to shippers on the Line after the exemption becomes 
effective.
    ABC certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million annually. ABC further 
certifies that the acquisition does not involve an interchange 
commitment.
    The transaction may be consummated on or after November 2, 2022, 
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 October 26, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36581, 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, a 
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 60606-3208.
    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: October 14, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-22683 Filed 10-18-22; 8:45 am]
BILLING CODE 4915-01-P