|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CAROLINA COASTAL RAILWAY, INC.—ACQUISITION AND OPERATION EXEMPTION—MOREHEAD & SOUTH FORK RAILROAD CO.|
|Director Of Proceedings|
|PROVIDED NOTICE THAT THE TITLE FOR THIS PROCEEDING HAS BEEN CORRECTED.|
| 9 KB|
|Approximate download time at 28.8 kb: 16 Seconds|
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|Full Text of Decision|
40629 SERVICE DATE – LATE RELEASE MAY 18, 2010
Department of Transportation
Surface Transportation Board
[Docket No. FD 35339]
AGENCY: Surface Transportation Board.
ACTION: Correction to Notice of Acquisition and Operation Exemption.
SUMMARY: This document corrects a notice served and published in the Federal Register on January 15, 2010 (75 Fed. Reg. 2,580), titled “Carolina Coastal Railway, Inc.—Acquisition and Operation Exemption—North Carolina State Ports Authority” to reflect a correction submitted by Carolina Coastal Railway, Inc. (CLNA). CLNA filed a verified notice of exemption under 49 C.F.R. § 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. 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 Exemption—Morehead & South Fork Railroad Co.”
FOR FURTHER INFORMATION, CONTACT: Julia Farr (202) 245-0359 [Federal Information Relay (FIRS) for the hearing impaired: 1-800-877-8339].
Decided: May 18, 2010
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 In a previous
decision, MHSF acquired the freight easement over all railroad tracks at the
Port of Morehead City, N.C., from Carolina Rail Service, LLC. These tracks are owned by SPA. Morehead & South
Fork R.R.—Acquis. and