[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23324-23325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10591]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36188]


Wilmington Terminal Railroad, Limited Partnership--Temporary 
Trackage Rights Exemption--CSX Transportation, Inc.

    Pursuant to a written trackage rights agreement (Agreement) dated 
May 2, 2018,\1\ CSX Transportation, Inc. (CSXT),

[[Page 23325]]

has agreed to grant temporary overhead trackage rights to Wilmington 
Terminal Railroad, Limited Partnership (WTRY), over CSXT's line between 
the Port of Wilmington in Wilmington, NC, at CSXT milepost ACB 249.74 
and the switch at CSXT milepost ACB 243.96, and between the switch at 
CSXT milepost ACB 243.96 and the switch at CSXT's Davis Yard in 
Navassa, NC, at CSXT milepost SE 359.79, a distance of approximately 
10.0 miles.
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    \1\ A redacted version of the fully executed Agreement was filed 
with the notice. A confidential, unredacted version of the Agreement 
also was submitted under seal to be kept confidential by the Board 
under 49 CFR 1104.14(a).
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    WTRY states that it intends to commence operations under the 
trackage rights agreement on or after the effective date of this 
notice. The transaction may be consummated on or after June 3, 2018, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). The purpose of the trackage rights is to allow 
WTRY to bridge loaded and empty trains containing containers or 
trailers in intermodal service in connection with CSXT's ``Queen City 
Express'' service. Pursuant to the trackage rights agreement, the 
temporary trackage rights will expire twelve months after the effective 
date of the exemption, unless terminated earlier.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad, 
360 I.C.C. 653 (1980), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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 May 25, 2018 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36188, 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 Eric M. Hocky, Clark Hill, PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 14, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-10591 Filed 5-17-18; 8:45 am]
 BILLING CODE 4915-01-P