[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Page 46291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16211]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35067]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Commonwealth Railway Incorporated

    Pursuant to a written trackage rights agreement, Commonwealth 
Railway Incorporated (CWRY) has agreed to grant non-exclusive overhead 
trackage rights to Norfolk Southern Railway Company (NSR) over CWRY's 
rail line extending between milepost F-9.90 near Churchland, VA, and 
milepost F-16.50 near Suffolk, VA, a distance of approximately 6.60 
miles.\1\
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    \1\ A redacted draft version of the trackage rights agreement 
between CWRY and NSR was filed with the notice of exemption. The 
full draft version was concurrently filed under seal along with a 
motion for protective order, which will be addressed in a separate 
decision. As required by 49 CFR 1180.6(a)(7)(ii), the parties must 
file a copy of the executed agreement within 10 days of the date the 
agreement is executed.
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    CWRY indicates that the transaction is scheduled to be consummated 
on the later of September 3, 2007, or the effective date of the 
exemption. Because this notice was filed on August 6, 2007, the 
earliest the transaction could be consummated is September 5, 2007 (30 
days after the exemption was filed).
    The purpose of the trackage rights is to allow the parties to 
achieve operating economies and provide improved service on the line 
through NSR's operation of its trains, locomotives, cars and equipment 
with its own crews, in its own account, to access CWRY's Marshalling 
Yard and related main line trackage for the purpose of interchange of 
railcars between NSR and CWRY. NSR will not perform any local freight 
service on the line. CWRY currently leases the line from NSR.\2\
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    \2\ See Commonwealth Railway Incorporated--Lease, Operation, and 
Acquisition Exemption--Rail Lines in Portsmouth, Chesapeake, and 
Suffolk, VA, Finance Docket No. 31528 (ICC served Sept. 8, 1989). 
But in Commonwealth Railway Incorporated--Acquisition and Operation 
Exemption--Norfolk Southern Railway Company, STB Finance Docket No. 
34954 (STB served Dec. 21, 2006), CWRY was authorized to acquire and 
operate approximately 12.5 miles of rail line owned by NSR between 
milepost F-4.0 and milepost F-16.5 near Portsmouth, VA, and CWRY 
agreed to grant NSR and CSX Transportation, Inc. trackage rights 
over a portion of the line between milepost F-16.5 and milepost F-
9.9 to allow each connecting carrier equal access to CWRY and the 
rail line. According to NSR, the parties have not yet consummated 
the sale transaction, but contemplate that the trackage rights that 
are the subject of this notice will be effective regardless of 
whether CWRY is the lessee/operator or the owner/operator of the 
line.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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 by August 29, 2007 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35067, 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 James R. Paschall, Senior 
General Attorney, Norfolk Southern Railway Company, Three Commercial 
Place, Norfolk, VA 23510.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 10, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-16211 Filed 8-16-07; 8:45 am]
BILLING CODE 4915-01-P