Notice2024-24747
Cedar Hills Rail LLC-Operation Exemption-Ab Eco Park LLC
Primary source
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Published
October 24, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Page 84998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24747]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36813]
Cedar Hills Rail LLC--Operation Exemption--Ab Eco Park LLC
Cedar Hills Rail LLC (CHR), a noncarrier, has filed a verified
notice of exemption pursuant to 49 CFR 1150.31 to operate over
approximately 7,150 feet of what is currently private track (the Line)
located in a 90-acre industrial park (the Park). The Park is located in
the Town of North Haven, Conn., and the City of New Haven, Conn., along
the Hartford Line of CSX Transportation, Inc. (CSXT).\1\ CHR's parent
company, AB Eco Park LLC (AB Eco), owns the Park.
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\1\ CHR further states that the Park extends northeasterly from
the New Haven-North Haven dividing line through the Town of North
Haven to ``the ending of the 8th Line, being North 58 degrees
24'57'' West,'' and southwesterly from the North Haven-New Haven
dividing line approximately 2,200 feet, including through the City
of New Haven. (Verified Notice 1-2.)
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The verified notice states that CHR and AB Eco are entering into a
track lease and operating agreement, under which CHR will provide
common carrier rail service over the Line. According to CHR, it will
interchange with CSXT and its rail operations will consist primarily of
switching railcars to and from shippers in the Park. CHR explains that
before operations begin, it will rehabilitate the existing track and
replace the switch with CSXT. CHR also states that, upon consummation
of the transaction, it will contract with a not yet identified rail
carrier to operate the Line on CHR's behalf, and that the new operator
will also seek authority from the Board to operate over the Line.\2\
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\2\ CHR acknowledges in its verified notice that it will retain
a common carrier obligation even if it contracts with another rail
carrier to operate the Line.
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CHR certifies that its projected annual revenues are not expected
to exceed those that would qualify it as a Class III rail carrier and
are not expected to exceed $5 million. CHR also certifies that its
operation of the Line will not involve any provision or agreement that
would limit future interchange with a third-party carrier. The
transaction may be consummated on or after November 7, 2024, the
effective date of the exemption (30 days after the verified notice was
filed).\3\
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\3\ CHR filed a supplement on October 8, 2024, clarifying its
plans for the Line and providing a certification regarding its
expected revenue. The filing date of the supplement will be deemed
the filing date of the verified notice.
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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 October 31,
2024 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36813, 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
CHR's representative, John K. Fiorilla, Dyer & Peterson PC, 605 Main
Street, Suite 104, Riverton, NJ 08077.
According to CHR, 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: October 21, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2024-24747 Filed 10-23-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 24, 2024.
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