[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Page 84998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    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