Notice2024-03673
Wilmington Terminal Railroad, Limited Partnership-Operation Exemption-North Carolina State Ports Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 37 (Friday, February 23, 2024)</title>
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[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13800-13801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03673]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36753]
Wilmington Terminal Railroad, Limited Partnership--Operation
Exemption--North Carolina State Ports Authority
Wilmington Terminal Railroad, Limited Partnership (WTR), a Class
III railroad, has filed a verified notice of exemption under 49 CFR
1150.42 to exempt from regulation WTR's entry into an amendment
(Amendment) with the North Carolina State Ports Authority (NCSPA) to
extend a 2002 Rail Operating Agreement (Original Agreement) between WTR
and NCSPA relating to WTR's continued operations as a common carrier
over approximately 18 miles of track in three segments (the Line).\1\
The Line encompasses: (1) the Front Street Spur, extending from the
east line of Third Street at CSX Rail Valuation Station 91+37.3 and
extending generally in a northerly direction a distance of
approximately 0.66 miles to CSX Rail Valuation Station 56+39; (2) the
New River Spur, extending from the CSX Rail Valuation Station 0+00,
also being Rail Valuation Station 86+20 on the Front Street Spur at the
west line of Second Street and extending generally in a southerly
direction approximately 3.5 miles to CSX Rail Valuation Station 185+00;
and (3) the line extending from the north entrance to the Port of
Wilmington at Transit Road, near its intersection with Burnett Blvd.,
to the south entrance to the Port of Wilmington at River Road near its
intersection with Shipyard Blvd., through and including the
classification yards and including all of the railroad tracks on the
Port of Wilmington, whether denominated as spurs, side tracks,
industrial tracks, or otherwise (but excluding crane rails).
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\1\ WTR originally received acquisition and operation authority
for the Line in 2002 using the Board's expedited notice-of-exemption
process. See Wilmington Terminal R.R.--Acquis. & Operation
Exemption--N.C. Ports Ry. Comm'n, FD 34257 (STB served Oct. 31,
2002). The verified notice here states that the Original Agreement
has been amended three other times since 2002 and that it does not
appear Board authority was sought for those amendments. WTR asserts
that it is not clear that amendments to the Original Agreement
require Board authority because, in a proceeding related to Docket
No. FD 34257, the Board held that WTR's acquisition of a permanent
and exclusive railroad operating easement over the Line means that
WTR ``will continue to have a common carrier obligation until we
permit that obligation to be transferred to [an]other carrier[ ] or
the line[ ] to be abandoned.'' See N.C. State Ports Auth.--Acquis.
Exemption--N.C. Ports Ry. Comm'n, FD 34258, slip op. at 5 (STB
served Oct. 31, 2002). WTR states that it is seeking authority for
the Amendment out of an abundance of caution.
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According to the verified notice, WTR currently operates the Line
and has owned a permanent and exclusive railroad operating easement for
the Line since 2002. WTR states that it has entered into the Amendment
with NCSPA to extend the term of the Original Agreement and amend other
commercial terms related to WTR's operations over the Line. The
verified notice states that the Amendment will be effective on the
effective date of the exemption.
WTR certifies that neither the Original Agreement nor the Amendment
include an interchange commitment. WTR also certifies that its
projected annual revenue are not expected to exceed those that would
qualify it as a Class III carrier and that its revenues currently
exceed $5 million.
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual
revenues will exceed $5 million, it must, at least 60 days before the
exemption becomes effective, post a notice of its intent to undertake
the proposed transaction at the workplace of the employees on the
affected lines, serve a copy of the notice on the national offices of
the labor unions with employees on the affected lines, and certify to
the Board that it has done so. However, WTR has filed a request for
waiver of the 60-day advance labor notice requirements to allow the
transaction to become effective 30 days after WTR's notice of exemption
was filed. WTR's waiver request will be addressed in a separate
decision. The Board will establish the effective date of the exemption
in its separate decision on the waiver request.
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 March 1,
2024.
All pleadings, referring to Docket No. FD 36753, must be filed with
the
[[Page 13801]]
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 WTR's
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square,
2001 Market St., Suite 2620, Philadelphia, PA 19103.
According to WTR, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: February 16, 2024.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-03673 Filed 2-22-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 23, 2024.
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