[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Page 60260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18861]



[[Page 60260]]

=======================================================================
-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ See E. Chattanooga Belt Ry.--Acquis. & Operation Exemption--
Norfolk S. Ry., FD 34024 (STB served Apr. 10, 2001).
---------------------------------------------------------------------------

    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 www.stb.gov.

    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