[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Page 2580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-679]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35339]


Carolina Coastal Railway, Inc.--Acquisition and Operation 
Exemption--North Carolina State Ports Authority

    Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier, 
has filed a verified notice of exemption \1\ under 49 CFR 1150.41 to 
acquire, by assignment, Morehead & South Fork Railroad Co.'s (MHSF) 
lease with the North Carolina State Ports Authority (SPA) and to 
operate approximately 0.87 miles of SPA's rail lines as follows: (1) 
From milepost 0.0 to milepost 0.87 at Gallants Channel on Radio Island, 
in Morehead City; \2\ (2) from milepost 0.0, in Morehead City, through 
and including the classification yard parallel to Highway 70 onto the 
Morehead City Port; \3\ and (3) all of the railroad tracks owned or 
leased by SPA (or previously owned or leased by North Carolina Ports 
Railway Commission), in Carteret County that might have been omitted 
from the lines' description. The lines also include 4 additional miles 
of intra-terminal trackage.
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    \1\ CLNA supplemented its notice with a letter filed January 8, 
2010, confirming that the agreement between the parties does not 
contain any provisions prohibiting petitioner from interchanging 
traffic with any third party.
    \2\ The line extends from the connection with the Norfolk 
Southern Railway Company/North Carolina Railroad Company, and 
includes the spur track and consolidation tracks leading from the 
line, generally along Inlet Drive, to the industrial tracks on the 
property leased from SPA to the PCS Phosphate Company, Inc., rail 
car dump and the ``Fishmeal'' spur on the area commonly known as 
Marsh Island, in Carteret County, NC.
    \3\ The line extends from the connection with the Norfolk 
Southern Railway Company/North Carolina Railroad Company, and 
includes all of the railroad tracks on the Morehead City Port's 
property, whether denominated as spurs, side tracks, industrial 
tracks, or otherwise, in Carteret County.
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    CLNA certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III carrier and further certifies that its projected revenues will not 
exceed $5 million.
    CLNA states that its services will replace those provided by MHSF 
on or about February 1, 2010 (after the January 29, 2010 effective date 
of the exemption, 30 days after the exemption 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. Stay petitions must be filed no later than January 22, 2010 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35339, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John D. Heffner, John D. 
Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
 Clearance Clerk.
[FR Doc. 2010-679 Filed 1-14-10; 8:45 am]
BILLING CODE 4915-01-P