Notice2023-18861
East Chattanooga Belt Railway Company, LLC-Acquisition and Operation Exemption-Norfolk Southern Railway Company
Primary source
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Published
August 31, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Page 60260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18861]
[[Page 60260]]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36718]
East Chattanooga Belt Railway Company, LLC--Acquisition and
Operation Exemption--Norfolk Southern Railway Company
East Chattanooga Belt Railway Company, LLC (ECTB), 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 to operate
approximately 0.24 miles of rail line extending between milepost C448
in the vicinity of CP 23rd Street and milepost C447.7, a point roughly
100 feet south of the southernmost bridge abutment of a bridge over
Dobbs Branch, also known as Spring Branch (the Line).\1\
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\1\ ECTB notes that, mileposts notwithstanding, the distance
between the terminal points of the lease has been calculated to be
approximately 1,250 feet, which equates to 0.24 miles, not 0.3
miles.
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According to ECTB, it has reached an agreement with NSR to
supplement the terms of an original lease between them, dated April 1,
2001.\2\ ECTB states that the supplemental agreement expands its
leasehold interest by extending to it the right to operate over and the
obligation to maintain the Line, which is proximate to a line that ECTB
currently operates pursuant to the original lease agreement. According
to ECTB, it will obtain the right to conduct overhead operations over
the Line and NSR will retain the obligation to provide local service on
the Line in the event any such service demand emerges.
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\2\ See E. Chattanooga Belt Ry.--Acquis. & Operation Exemption--
Norfolk S. Ry., FD 34024 (STB served Apr. 10, 2001).
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ECTB certifies that its anticipated annual freight common carrier
revenues following consummation of the proposed transaction will
qualify it as a Class III carrier and will not exceed $5 million. ECTB
also certifies that the agreements do not contain any provision that
would limit ECTB's ability to interchange traffic with any third-party
connecting carrier.
The transaction may be consummated on or after September 14, 2023,
the effective date of the exemption (30 days after the verified notice
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 September 7,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36718, 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
ECTB's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3268.
According to ECTB, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: August 28, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-18861 Filed 8-30-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 31, 2023.
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