East Chattanooga Belt Railway Company, LLC-Acquisition and Operation Exemption-Norfolk Southern Railway Company, 60260 [2023-18861]

Download as PDF 60260 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36718] ddrumheller on DSK120RN23PROD with NOTICES1 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 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. 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). 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. 2 See E. Chattanooga Belt Ry.—Acquis. & Operation Exemption—Norfolk S. Ry., FD 34024 (STB served Apr. 10, 2001). VerDate Sep<11>2014 18:04 Aug 30, 2023 Jkt 259001 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 DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2023–0026] Agency Information Collection Activities: Request for Comments for a New Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: The FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval for an information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by October 2, 2023. ADDRESSES: You may submit comments identified by DOT Docket ID Number 0026 by any of the following methods: Website: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to https:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. SUMMARY: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Spencer Stevens, 202–366–6221, Office of Planning, Environment and Realty Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Title: Planning and Research Program Administration Background: Planning and Research Program Administration is covered under 23 CFR part 420. 23 CFR part 420 regulation includes administrative requirements and procedures for PL funds (23 U.S.C. 104(b)(5)) provided for Metropolitan Planning Organizations (MPOs) to carry out metropolitan planning, and SPR funds (provided under the provisions of 23 U.S.C. 505) for State Departments of Transportation (State DOTs) to implement statewide transportation planning and research, development and technology (RD&T) work activities. Also, at a State DOT’s option, other title 23 funds as identified in the definition of FHWA planning and research funds in 23 U.S.C. 505 and 23 CFR 420.103 may be used to perform planning activities. Different from this request, the information collection requirement for work performed by MPOs is a joint Federal Highway Administration/Federal Transit Administration requirement, and is covered under OMB Control Number 2132–0529. In accordance with government-wide grant management procedures, a grant application must be submitted for these funds. In addition, recipients must submit periodic progress and financial reports. The content and frequency of submission of progress and financial reports specified in 23 CFR part 420 is as specified in 2 CFR 200 grant management regulations. With the implementation of 2 CFR 200, the focus will be more on using data to determine the grant’s achievement outcomes and less on accountability compliance. FHWA and the State DOTs are called upon to identify clear performance goals, indicators and milestones for the grants. This information collection supports the DOT’s Strategic Objective of ‘‘Organizational Excellence’’ by providing an ongoing mechanism to review applications and approve Federal grants to States for their E:\FR\FM\31AUN1.SGM 31AUN1

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[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]]

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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\
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    \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
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