[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Page 71065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27674]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36370]


CCET, LLC d/b/a Cincinnati Eastern Railroad--Lease and Operation 
Exemption--Norfolk Southern Railway Company

    CCET, LLC d/b/a Cincinnati Eastern Railroad (CCET), a Class III 
railroad, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue its lease of, and its provision of railroad common carrier 
service over, approximately 69.45 route miles of railroad owned by 
Norfolk Southern Railway Company (NSR), from milepost CT 9.0 at Clare, 
Ohio, at its west end, to milepost CT 78.45 at Mineral Springs, Ohio 
(the Line).
    CCET states that it and NSR are parties to an agreement under which 
CCET has acquired a leasehold interest in, and operates, the Line, 
segments of which were leased to CCET in sequence beginning in 2014.\1\ 
The verified notice indicates that recently, CCET and NSR agreed to 
amend the underlying lease agreement, including an extension of the 
term.
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    \1\ See CCET, LLC--Lease & Operation Exemption--Rail Line of 
Norfolk S. Ry. in Adams Cty., Ohio, FD 36079 (STB served Dec. 7, 
2016); CCET, LLC--Lease & Operation Exemption--Rail Line of Norfolk 
S. Ry. in Clermont, Brown, & Adams Ctys., Ohio, FD 35900 (STB served 
Feb. 6, 2015); CCET, LLC--Lease & Operation Exemption--Rail Line of 
Norfolk S. Ry., FD 35810 (STB served Apr. 4, 2014).
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    According to CCET, the amended lease agreement between CCET and NSR 
does not contain any provision that prohibits, restricts, or otherwise 
limits, interchange of traffic with any third-party carrier.
    CCET certifies that its projected annual revenues as a result of 
the proposed transaction will not exceed $5 million and that the 
transaction will not result in the creation of a Class II or Class I 
rail carrier.
    This transaction may be consummated on or after January 9, 2020, 
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 January 2, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36370, 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 CCET's representative, Robert 
A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606-3208.
    According to CCET, 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 www.stb.gov.

    Decided: December 18, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-27674 Filed 12-23-19; 8:45 am]
 BILLING CODE 4915-01-P