[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Notices]
[Page 55963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21897]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36888]
Florida Midland Railroad Company, LLC--Operation Exemption--in
Haines City, Florida
Florida Midland Railroad Company, LLC (FMID), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR part
1150, subpart E,\1\ to operate a previously abandoned rail line in
Haines City, Fla. (the Haines City Spur), extending from a connection
with CSX Transportation, Inc. (CSXT), at approximately Valuation
Station 1+50 in Haines City to the end of line at approximately
Valuation Station 153+00 at the fenceline of the Haines City Industrial
Park southeast of the intersection of Detour Road and Lake Marion Road/
County Road 544, a total distance of approximately 2.87 miles. The
Haines City Spur is owned by the City of Haines City (the City).
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\1\ FMID filed its verified notice under the regulations at 49
CFR part 1150, subpart D. However, that section of the regulations,
among other things, covers transactions that result in the creation
of a Class III carrier. As an existing Class III carrier, FMID's
notice should have been filed under subpart E. Given that the
regulatory requirements are substantially the same and FMID has met
all the requirements under subpart E, the notice will be published.
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According to the verified notice, the Haines City Spur historically
was owned CSXT and its predecessors and was abandoned in two segments.
The Haines City Spur was acquired by the City from CSXT in 2004.
Pursuant to the agreement between FMID and the City, FMID will provide
rail service on the Haines City Spur as a common carrier. The City will
remain the non-common carrier owner of the Haines City Spur. See Wis.
Cent. Ltd. v. STB, 112 F.3d 881 (7th Cir. 1997).
FMID certifies that its proposed operation of the Haines City Spur
does not include an interchange commitment. FMID certifies that its
projected annual revenues as a result of the transaction will not
result in the creation of a Class I or Class II rail carrier and will
not exceed $5 million. According to FMID, it intends to initiate
operations on the Haines City Spur on or shortly after the date when
this exemption becomes effective.
The transaction may be consummated on December 18, 2025, the
effective date of the exemption.
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 December 11,
2025.
All pleadings, referring to Docket No. FD 36888, 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
FMID's representative, Thomas J. Healey, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to FMID, 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: December 1, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2025-21897 Filed 12-3-25; 8:45 am]
BILLING CODE 4915-01-P