[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Page 32839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13835]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35357]


Norfolk Southern Railway Company--Trackage Rights Exemption--The 
West Tennessee Railroad, LLC

    Pursuant to a written trackage rights agreement, The West Tennessee 
Railroad, LLC (WTNN) has agreed to grant overhead trackage rights to 
Norfolk Southern Railway Company (NSR) \1\ over approximately 118.9 
miles of rail line controlled by WTNN, between milepost IC-406.1 near 
Fulton, Ky., and milepost IC-525.0 near Ruslor Junction (Corinth), 
Miss.\2\
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    \1\ WTNN is a New Jersey limited liability company and NSR is a 
wholly owned subsidiary of holding company Norfolk Southern 
Corporation.
    \2\ A redacted, executed trackage rights agreement between WTNN 
and NSR was filed with the notice of exemption. The unredacted 
version was concurrently filed under seal along with a motion for 
protective order, which will be addressed in a separate decision.
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    The transaction may be consummated on or after June 23, 2010, the 
effective date of the exemption (30 days after the exemption was 
filed).
    The purpose of the transaction is to enable NSR to efficiently 
route traffic between Fulton and Corinth for further transportation 
beyond those endpoints.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
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 
and The Union Pacific Railroad--Abandonment Portion Goshen Branch 
Between Firth and Ammon, in Bingham and Bonneville Counties, Idaho, 360 
I.C.C. 91 (1979).
    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 June 16, 2010 (at least 7 days before the exemption 
becomes effective). An original and 10 copies of all pleadings, 
referring to Docket No. FD 35357, 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 Daniel G. Kruger, 
Three Commercial Place, Norfolk, Va., 23510.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: June 4, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-13835 Filed 6-8-10; 8:45 am]
BILLING CODE 4915-01-P