[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Page 40367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13178]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1333X]


Cleveland & Cuyahoga Railway, LLC--Discontinuance of Service 
Exemption--in Cuyahoga County, Ohio

    On June 1, 2023, Cleveland & Cuyahoga Railway, LLC (CCR), a Class 
III rail carrier, filed a petition under 49 U.S.C. 10502 for exemption 
from the prior approval requirements of 49 U.S.C. 10903 to discontinue 
service over approximately 10.4 miles of rail line owned by Wheeling & 
Lake Erie Railway Company (WLER) in Cuyahoga County, Ohio, extending 
from milepost 15.5 at Falls Junction in Glenwillow, Ohio, to milepost 
5.1 in Cleveland, Ohio (the Line). The Line traverses U.S. Postal 
Service Zip Codes 44105, 44113, 44127, 44128, 44131, 44137, 44139, and 
44146.
    CCR states that it provided service on the Line pursuant to a lease 
with WLER,\1\ which the parties terminated by mutual agreement 
effective May 31, 2023. (Pet. 4.) According to CCR, WLER has resumed 
rail operations over the Line as a common carrier. (Id.) CCR states 
that there currently is one shipper on the Line, which will continue to 
be served by WLER. (Id. at 8.)
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    \1\ See Cleveland & Cuyahoga Ry.--Change in Operator Exemption 
Containing Interchange Commitment--Cleveland Com. R.R., FD 36287 
(STB served Aug. 15, 2019) (authorizing CCR to replace Cleveland 
Commercial Railroad Company, LLC, as lessee and operator of the 
Line).
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    CCR states that, based on the information in its possession, the 
Line does not contain federally granted rights-of-way and that any 
documentation in its possession will be made available to those 
requesting it. (Id. at 4.)
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by September 19, 2023.
    Because this is a discontinuance proceeding and not an abandonment, 
interim trail use/rail banking and public use conditions are not 
appropriate. Because there will be environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\2\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by June 30, 2023, indicating the 
intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
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    \2\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    All filings in response to this notice must refer to Docket No. AB 
1333X and 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 CCR's representative, Karl Morell, Karl 
Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 
20001. Replies to the petition are due on or before July 11, 2023.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0294. If you 
require accommodation under the Americans with Disabilities Act, please 
call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 15, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-13178 Filed 6-20-23; 8:45 am]
BILLING CODE 4915-01-P