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)

[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