[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67532-67533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24365]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1327X]


Flats Industrial Inc. d/b/a Flats Industrial Railroad Company--
Abandonment Exemption--in Cleveland, Ohio

    Flats Industrial Inc. d/b/a Flats Industrial Railroad Company (FIR) 
has filed a verified notice of exemption under 49 CFR part 1152 subpart 
F--Exempt Abandonments to abandon approximately 1.85 miles of rail 
line, extending from milepost 10 to milepost 11.85 near West 41st 
Street in Cleveland, Ohio (the Line), which constitutes FIR's entire 
railroad system.\1\ The Line traverses U.S. Postal Service Zip Code 
44113.
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    \1\ This is a republication of the notice of exemption 
originally served and published in the Federal Register on October 
31, 2022 (87 FR 65640). This notice contains corrected information.
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    FIR has certified that: (1) during the past two years, FIR has 
provided no local or overhead traffic over the Line; (2) overhead 
traffic, if there were any, could be rerouted over other Lines; (3) no 
formal complaint filed by a user of rail service on the Line (or by 
state or local government on behalf of such user) regarding cessation 
of service over the Line either is pending with the Surface 
Transportation Board (Board) or has been decided in favor of a 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(b) and 1105.8(c) (notice of environmental and historic 
reports), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to government agencies) have been met.
    Where, as here, the carrier is abandoning its entire system, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) a 
corporate affiliate that will continue substantially similar rail 
operations, or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Honey Creek R.R.--Aban. 
Exemption--in Henry Cty., Ind., AB 865X (STB served Aug. 20, 2004); 
Wellsville, Addison & Galeton R.R.--Aban., 354 I.C.C. 744 (1978); and 
Northampton & Bath R.R.--Aban., 354 I.C.C. 784 (1978). According to 
FIR, after abandonment FIR's parent company and corporate affiliate 
will not continue similar operations, nor will FIR's parent

[[Page 67533]]

company realize substantial financial benefits over and above relief 
from the burden of its subsidiary railroad. Therefore, employee 
protection conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received,\2\ this exemption will be 
effective on November 30, 2022, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by November 10, 2022.\4\ Petitions to reopen or requests for 
public use conditions under 49 CFR 1152.28 must be filed by November 
21, 2022.
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    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemption's effective 
date.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    All pleadings, referring to Docket No. AB 1327X, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
FIR's representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    FIR has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by November 4, 2022. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0294. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339. Comments on environmental or historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), FIR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by FIR's filing of a notice of 
consummation by October 31, 2023, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: November 3, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-24365 Filed 11-7-22; 8:45 am]
BILLING CODE 4915-01-P