Notice2022-13001
Kinston Railroad, LLC-Change in Operator Exemption-Kinston & Snow Hill Railroad Co., Inc.
Primary source
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Published
June 16, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
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[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36358-36359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13001]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36621]
Kinston Railroad, LLC--Change in Operator Exemption--Kinston &
Snow Hill Railroad Co., Inc.
Kinston Railroad, LLC (KNR), a noncarrier, has filed a verified
notice of exemption pursuant to 49 CFR 1150.31 to assume operation of
approximately 5.7 miles of rail line near Kinston, Lenoir County, N.C.,
extending between milepost GTP-0.0 (and a connection at that location
to a North Carolina Railroad Company track) and milepost GTP-5.7 at the
North Carolina Global TransPark (the Line). The North Carolina
Department of Transportation (NCDOT) owns the Line, and Kinston & Snow
Hill Railroad Co., Inc. (KSHR), currently operates the Line pursuant to
a 2015 lease with NCDOT (the Lease).\1\ See N.C. & Atl. R.R.--Lease &
Operation Exemption--N.C. Dep't of Transp., FD 36008 (STB served Mar.
25, 2016); N.C. & Atl. R.R.--Lease & Operation Exemption--N.C. Dep't of
Transp., FD 36008 et al., (STB served Nov. 4, 2016) (providing notice
that North Carolina & Atlantic Railroad Co., Inc., changed its name to
Kinston & Snow Hill Railroad Co., Inc.).
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\1\ Public and confidential versions of the Lease were filed
with the verified notice. The confidential version was submitted
under seal concurrently with a motion for protective order, which
will be addressed in a separate decision.
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According to the verified notice, KNR has entered into an agreement
with KSHR--with NCDOT's consent--under which KSHR will assign its
interest in the Lease to KNR, and KNR will commence common carrier
operations over the Line in place of KSHR. Based on projected annual
revenues for the Line, KNR expects to become a Class III rail carrier
after consummation of the proposed transaction.
This transaction is related to a concurrently filed verified notice
in OPSEU Pension Plan Trust Fund--Continuance in Control Exemption--
Kinston Railroad, Docket No. FD 36620, in which the filing parties seek
to continue in control of KNR upon KNR's becoming a Class III rail
carrier.
As required under 49 CFR 1150.33(h)(1), KNR certifies in its
verified notice that the proposed change of operator on the Line does
not involve, and the Lease between NCDOT and KSHR does not include, any
provision or agreement that may limit future interchange with a third-
party connecting carrier.
KNR certifies that its projected annual revenues as a result of the
transaction will not exceed $5 million and will not result in the
creation of a Class I or Class II rail carrier. Under 49 CFR
1150.32(b), a change in operator exemption requires that notice be
given to shippers. KNR certifies that it has provided notice of the
proposed change in operator to the shippers on the Line.
The transaction may be consummated on or after June 30, 2022, 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)
[[Page 36359]]
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 June 23, 2022 (at least seven days
before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36621, must be filed with
the Surface Transportation Board 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 KNR's
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to KNR, this action is categorically excluded from
historic preservation reporting requirements under 49 CFR 1105.8(b) and
from environmental reporting requirements under 49 CFR 1105.6(c).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 13, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-13001 Filed 6-15-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on June 16, 2022.
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