81 FR 88313 - CCET, LLC-Lease and Operation Exemption-Rail Line of Norfolk Southern Railway Company in Adams County, Ohio.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range		88313-88313
FR Document		2016-29347

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)

[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Page 88313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29347]



[[Page 88313]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36079]


CCET, LLC--Lease and Operation Exemption--Rail Line of Norfolk 
Southern Railway Company in Adams County, Ohio.

    CCET, LLC (CCET), a Class III carrier, has filed a verified notice 
of exemption under 49 CFR 1150.41 to lease from Norfolk Southern 
Railway Company (NSR) and operate a portion of NSR's CT Line, between 
milepost CT 62.20, east of Seaman, Ohio, and milepost CT 78.45, at 
Mineral Springs, Ohio (Line Extension).
    CCET and NSR previously entered into a lease agreement on March 14, 
2014, under which CCET leased a 24-mile portion of the CT Line between 
milepost CT 9.0 at Clare, Ohio, and milepost CT 32.83, west of 
Williamsburg, Ohio.\1\ CCET and NSR also entered into an amendment to 
the lease agreement on December 9, 2014, to extend the lease 
approximately 29 miles from milepost CT 32.83, west of Williamsburg, 
Ohio, to milepost CT 62.20, east of Seaman, Ohio.\2\ The parties now 
desire to further amend the lease to include the Line Extension to the 
east to allow CCET to pursue additional commercial opportunities.\3\
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    \1\ See CCET, LLC--Lease & Operation Exemption--Rail Line of 
Norfolk S. Ry., FD 35810 (STB served Apr. 4, 2014).
    \2\ See CCET, LLC--Lease & Operation Exemption--Rail Line of 
Norfolk S. Ry. in Clermont, Brown, & Adams Ctys.,Ohio, FD 35900 (STB 
served Feb. 6, 2015).
    \3\ NSR previously discontinued operations over the Line 
Extension. See Norfolk S. Ry.--Discontinuance of Serv. Exemption--in 
Adams & Scioto Ctys., Ohio, AB 290 (Sub-No. 373X) (STB served Dec. 
3, 2014); Norfolk S. Ry.--Discontinuance of Serv. Exemption--in 
Clermont, Brown, & Adams Ctys., Ohio, AB 290 (Sub-No. 370X) (STB 
served Jan. 15, 2015). Upon reaching an agreement with CCET to amend 
CCET's existing lease to operate the Line Extension, NSR informed 
the Board that it is reactivating service and its common carrier 
obligation for the Line Extension. See NSR Notification Letter, Nov. 
4, 2016, Norfolk S. Ry.--Discontinuance of Serv. Exemption--in 
Clermont, Brown, & Adams Ctys., Ohio, AB 290 (Sub-No. 370X).
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    CCET states that the lease between CCET and NSR does not contain 
any provision that prohibits, restricts, or would otherwise limit 
future interchange of traffic with any third-party carrier.
    CCET has certified that its projected annual revenues as a result 
of this transaction will not result in CCET's becoming a Class II or 
Class I rail carrier and will not exceed $5 million.
    CCET states that the lease and operation of the Line Extension will 
commence on or after December 21, 2016, the effective date of the 
exemption (30 days after the verified notice of exemption 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 for stay must be filed no later than December 14, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36079 must be filed with Surface Transportation Board, 395 E Street, 
SW., Washington, DC 20423-0001. In addition, one copy of each pleading 
must be served on James H. M. Savage, 22 Rockingham Court, Germantown, 
MD 20874.
    According to CCET, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''


    Decided: December 2, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-29347 Filed 12-6-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices 88313

SURFACE TRANSPORTATION BOARD (30 days after the verified notice of FOR FURTHER INFORMATION CONTACT: Mr.
exemption was filed). Carlos N. Fields, Airports Financial
[Docket No. FD 36079] If the verified notice contains false or Assistance, APP 520, Rooms 619, FAA,
CCET, LLC—Lease and Operation misleading information, the exemption 800 Independence Avenue SW.,
Exemption—Rail Line of Norfolk is void ab initio. Petitions to revoke the Washington, DC 20591, Telephone (202)
Southern Railway Company in Adams exemption under 49 U.S.C. 10502(d) 267–8826.
County, Ohio. may be filed at any time. The filing of SUPPLEMENTARY INFORMATION: The
a petition to revoke will not Federal Aviation Administration (FAA)
CCET, LLC (CCET), a Class III carrier, automatically stay the effectiveness of manages a Federal grant program for
has filed a verified notice of exemption the exemption. Petitions for stay must airports called the Airports
under 49 CFR 1150.41 to lease from be filed no later than December 14, 2016 Improvement Program (AIP). AIP grant
Norfolk Southern Railway Company (at least seven days before the recipients must follow 49 U.S.C. 50101,
(NSR) and operate a portion of NSR’s CT exemption becomes effective). Buy American Preferences.
Line, between milepost CT 62.20, east of An original and 10 copies of all
Under 49 U.S.C 50101(b)(3), the
Seaman, Ohio, and milepost CT 78.45, pleadings, referring to Docket No. FD
Secretary of Transportation may waive
at Mineral Springs, Ohio (Line 36079 must be filed with Surface
the Buy American Preference
Extension). Transportation Board, 395 E Street, SW.,
requirement if the goods are not
CCET and NSR previously entered Washington, DC 20423–0001. In
produced in a sufficient and reasonably
into a lease agreement on March 14, addition, one copy of each pleading
available amount or are not of a
2014, under which CCET leased a 24- must be served on James H. M. Savage,
satisfactory quality.
mile portion of the CT Line between 22 Rockingham Court, Germantown, MD
20874. The purpose of this notice is to
milepost CT 9.0 at Clare, Ohio, and
According to CCET, this action is request manufactures of both passive
milepost CT 32.83, west of
categorically excluded from and active in-pavement runway surface
Williamsburg, Ohio.1 CCET and NSR
environmental review under 49 CFR condition sensor systems, both domestic
also entered into an amendment to the
1105.6(c). and foreign, to advise FAA of the system
lease agreement on December 9, 2014, to
Board decisions and notices are that they manufacture and whether it
extend the lease approximately 29 miles
available on our Web site at can meet the FAA Advisory Circular
from milepost CT 32.83, west of
‘‘WWW.STB.GOV.’’ technical requirements. To respond to
Williamsburg, Ohio, to milepost CT
this notice, manufactures are to submit
62.20, east of Seaman, Ohio.2 The Decided: December 2, 2016. a written statement confirming that they
parties now desire to further amend the By the Board, Rachel D. Campbell, currently manufacture passive and/or
lease to include the Line Extension to Director, Office of Proceedings. active in-pavement runway weather
the east to allow CCET to pursue Tammy Lowery, information systems on their business
additional commercial opportunities.3 Clearance Clerk.
CCET states that the lease between letterhead and signed by an authorized
CCET and NSR does not contain any
[FR Doc. 2016–29347 Filed 12–6–16; 8:45 am] designee. The FAA wants to determine
provision that prohibits, restricts, or BILLING CODE 4915–01–P if there is sufficient quantity of domestic
would otherwise limit future manufactures capable of meeting the
interchange of traffic with any third- FAA technical requirements. If the FAA
party carrier. DEPARTMENT OF TRANSPORTATION cannot find that there are enough U.S.
CCET has certified that its projected manufactures, it may issue a nationwide
Federal Aviation Administration waiver to the foreign manufacturers
annual revenues as a result of this
transaction will not result in CCET’s identified as being capable of meeting
Notice to Manufacturers of Airports In- the technical requirements.
becoming a Class II or Class I rail carrier Pavement Stationary Runway Weather
and will not exceed $5 million. Technical Requirements: FAA
Information Systems Advisory Circular (AC) 150/5220–30,
CCET states that the lease and
operation of the Line Extension will AGENCY: Federal Aviation Airport Winter Safety and Operations
commence on or after December 21, Administration (FAA), DOT. recommend that in-pavements runway
2016, the effective date of the exemption ACTION: Notice and request for sensor systems comply with the
information. performances and installations
1 See CCET, LLC—Lease & Operation requirements of SAE Aerospace
Exemption—Rail Line of Norfolk S. Ry., FD 35810 SUMMARY: The FAA is considering Recommended Practice 5533, Stationary
(STB served Apr. 4, 2014). issuing waivers to foreign manufactures Runway Weather Information System
2 See CCET, LLC—Lease & Operation
of Active and/or Passive In-Pavement (In-pavement). The SAE specification is
Exemption—Rail Line of Norfolk S. Ry. in Clermont,
Brown, & Adams Ctys.,Ohio, FD 35900 (STB served
Stationary Runway Weather Information available for purchases at http://
Feb. 6, 2015). Systems that meet the requirements of www.sae.org. Because the guidance and
3 NSR previously discontinued operations over FAA Advisory Circular (AC) 15015220– specification s in an Advisory Circular
the Line Extension. See Norfolk S. Ry.— 30, Airport Winter Safety and are mandatory for airport project using
Discontinuance of Serv. Exemption—in Adams & Operations. This notice requests
Scioto Ctys., Ohio, AB 290 (Sub-No. 373X) (STB
AIP grant funds, as in-pavement runway
served Dec. 3, 2014); Norfolk S. Ry.— information from manufactures of surface condition sensor system project
systems meeting the technical that included any AIP grant funding
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Discontinuance of Serv. Exemption—in Clermont,
Brown, & Adams Ctys., Ohio, AB 290 (Sub-No. requirements to determine whether a must meet the requirements of SAE
370X) (STB served Jan. 15, 2015). Upon reaching an waiver to the Buy American Preferences
agreement with CCET to amend CCET’s existing
ARP5533.
lease to operate the Line Extension, NSR informed should be issued. Projects funded under After review, the FAA may issue a
the Board that it is reactivating service and its the Airport Improvement Program (AIP) nationwide waiver to Buy American
common carrier obligation for the Line Extension. must meet the requirements of Buy Preferences for foreign manufactures or
See NSR Notification Letter, Nov. 4, 2016, Norfolk American Preferences.
S. Ry.—Discontinuance of Serv. Exemption—in
United States manufactures that meet
Clermont, Brown, & Adams Ctys., Ohio, AB 290 DATES: The information must be the Buy American preference
(Sub-No. 370X). received by January 23, 2017. requirements. Waivers would not be

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Document Created: 2016-12-07 05:31:28
Document Modified: 2016-12-07 05:31:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 88313