Notice2023-13178
Cleveland & Cuyahoga Railway, LLC-Discontinuance of Service Exemption-in Cuyahoga County, Ohio
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Page 40367]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on June 21, 2023.
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