Surface Transportation Board May 2010 – Federal Register Recent Federal Regulation Documents

The Surface Transportation Board (Board) is accepting for consideration the application filed on April 27, 2010, by CSX Transportation, Inc. (CSXT), and Delaware and Hudson Railway Company, Inc. (D&H). The application seeks Board approval under 49 U.S.C. 11321- 26 for CSXT and D&H to commence operations pursuant to an agreement between CSXT and D&H, known as the New York Joint Use Agreement (Joint Use Agreement). This proposal is referred to as the transaction, and CSXT and D&H are referred to collectively as Applicants.

This document corrects a notice served and published in the Federal Register on January 15, 2010 (75 FR 2580), titled ``Carolina Coastal Railway, Inc.Acquisition and Operation ExemptionNorth Carolina State Ports Authority'' to reflect a correction submitted by Carolina Coastal Railway, Inc. (CLNA). CLNA filed a verified notice of exemption under 49 CFR 1150.41 to acquire, by assignment, the lease of Morehead & South Fork Railroad Co., Inc. (MHSF) with North Carolina State Ports Authority (SPA) and to operate approximately 0.87 miles of SPA's rail line. After the effective date of the exemption, CLNA filed a letter on February 16, 2010, notifying the Board that MHSF's counsel has advised CLNA that MHSF is not a party to any lease agreement with SPA and therefore was not assigning a lease to CLNA. Instead, MHSF assigned a freight easement and operating agreement to CNLA.\1\ This notice correctly identifies MHSF, instead of SPA, as the regulated party to the transaction, corrects the title, and clarifies what was conveyed. Accordingly, the correct title should read, ``Carolina Coastal Railway, Inc.Acquisition and Operation ExemptionMorehead & South Fork Railroad Co.''