Wilmington Terminal Railroad, Limited Partnership-Operation Exemption-North Carolina State Ports Authority, 13800-13801 [2024-03673]

Agencies

• Surface Transportation Board

[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13800-13801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.


    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