[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Page 6796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02410]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35900]


CCET, LLC--Lease and Operation Exemption--Rail Line of Norfolk 
Southern Railway Company in Clermont, Brown, and Adams Counties, 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 (NSR) and operate a portion of NSR's CT Line, between milepost 
CT 32.83 and milepost CT 62.20, east of Seaman, Ohio (Line Extension).
    CCET and NSR entered into a lease agreement on March 14, 2014, 
under which CCET currently leases 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\ The parties now desire to amend the lease to 
include the Line Extension to the east, which would allow CCET to 
pursue additional commercial opportunities.\2\ NSR will retain limited 
overhead trackage rights over the Line Extension.
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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\ On January 15, 2015, the Board allowed NSR to discontinue 
its freight rail service over approximately 40.7 miles of rail line, 
including the Line Extension, in Clermont, Brown, and Adams 
Counties, Ohio; the exemption should become effective on February 
14, 2015. See Norfolk S. Ry.--Discontinuance of Serv. Exemption--in 
Clermont, Brown, & Adams Cntys., Ohio, AB 290 (Sub-No. 370X) (STB 
served Jan. 15, 2015). Upon reaching an agreement with CCET to lease 
and operate the Line Extension, however, NSR informed the Board by 
letter dated January 20, 2015, that it will not effectuate 
discontinuance over the Line Extension. See CCET Petition, Ex. D.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Paul Didelius--Continuance in Control--CCET, LLC, 
Docket No. FD 35901, in which Paul Didelius seeks Board approval to 
continue in control of CCET under 49 CFR 1180.2(d)(2).
    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 February 21, 2015, 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 February 13, 
2015 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35900, 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.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: February 3, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-02410 Filed 2-5-15; 8:45 am]
BILLING CODE 4915-01-P