[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Page 41972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19928]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35285]


CSX Transportation, Inc.--Trackage Rights Exemption--Birmingham 
Southern Railroad Company

    Pursuant to a written trackage rights agreement (the agreement) 
dated July 31, 2009, Birmingham Southern Railroad Company (BSRR) has 
agreed to grant trackage rights described as ``generally overhead'' to 
CSX Transportation Incorporated (CSXT) over the BSRR rail line between 
the crossover of CSXT and BSRR in Woodward, AL, approximately milepost 
6, Station 307+00, and Bessemer, AL at the turnout to BSRR's Private 
Intermodal Container Facility (the ICTF), milepost 9, Station 10+00,\1\ 
a distance of approximately three miles.\2\
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    \1\ Article 3 of the agreement provides that CSXT ``* * * shall 
not perform any local freight service whatsoever at any point 
located on the Subject Trackage.'' CSXT is, however, permitted to 
also use the trackage rights to set out bad ordered cars and to 
``double'' trains in and out of the ICTF.
    \2\ A redacted version of the trackage rights agreement between 
BSRR and CSXT was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. The motion is being addressed in a separate decision.
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    The transaction is scheduled to be consummated on or shortly after 
September 2, 2009, the effective date of the exemption (30 days after 
the exemption was filed). The purpose of the trackage rights is to 
enable CSXT to improve direct intermodal container access to and from 
the Mercedes Benz USA facility in Bessemer, AL, through use of the 
ICTF. Under the agreement, in addition to overhead intermodal service, 
CSXT will be permitted, as required, to occupy the line for purposes of 
doubling trains in and out of the ICTF and for setting out any bad 
ordered cars within the premises of the ICTF.
    As a condition to this exemption, any employee affected by the 
acquisition of the temporary 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)(8). 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 26, 2009 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35285, 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 Louis E. Gitomer, 600 Baltimore 
Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 14, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-19928 Filed 8-18-09; 8:45 am]
BILLING CODE 4915-01-P