Notice2024-26052
East Tennessee Railway, L.P.-Lease and Operation Exemption-CSX Transportation, Inc.
Primary source
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Published
November 8, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Page 88853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26052]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36778]
East Tennessee Railway, L.P.--Lease and Operation Exemption--CSX
Transportation, Inc.
East Tennessee Railway, L.P. (ETRY), a Class III rail carrier, has
filed a verified notice of exemption under 49 CFR 1150.41 to amend its
lease with CSX Transportation, Inc. (CSXT) for a 4.05-mile rail line
that extends from milepost ZJ 0.05 to milepost ZJ 4.10 near Johnson
City, Tenn., and two short spurs, known as Johnson City Lead and
Carnegie Spur, in Washington County, Tenn. (the Line). ETRY states that
it first received authority to lease and operate the Line in 2003,\1\
and it is currently the operator of the Line. According to ETRY, the
amended lease will extend the term of the current lease an additional
six years, through September 30, 2030, as well as make other minor
changes.
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\1\ See East Tenn. Ry.--Lease & Operation Exemption--CSX
Transp., Inc., FD 34404 (STB served Sept. 26, 2003).
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ETRY certifies that its projected annual revenues as a result of
the proposed transaction will not result in ETRY's becoming a Class I
or Class II rail carrier and will not exceed $5 million. ETRY also
certifies that the amended lease does not include an interchange
commitment.
The transaction may be consummated on or after November 24, 2024,
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 by
November 15, 2024 (at least seven days before the exemption becomes
effective).
All pleadings, referring to Docket No. FD 36778, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on ETRY's representative, Justin
J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South,
Washington, DC 20004.
According to ETRY, 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: November 5, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024-26052 Filed 11-7-24; 8:45 am]
BILLING CODE 4915-01-P
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