[Federal Register Volume 76, Number 15 (Monday, January 24, 2011)]
[Notices]
[Page 4152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1300]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35460]


CSX Transportation, Inc.--Temporary Trackage Rights--Norfolk 
Southern Railway Company

    Pursuant to a written trackage rights agreement dated January 16, 
2011, Norfolk Southern Railway Company (NSR) has agreed to grant CSX 
Transportation, Inc. (CSXT) temporary overhead trackage rights 
generally between CSXT's connection to NSR's tracks at Deepwater, 
W.Va., milepost V434.1 located on the Vaco Branch via Alloy, W.Va., 
east to the connection with the Vaughn Railroad Company at milepost 
WV227.6, including all necessary tracks designated for the purposes of 
movement by NSR's operating officer, including head and tail room as 
necessary. The lines in question total 12.3 miles of track.
    The exemption became effective on January 18, 2011, and will expire 
on July 1, 2011.\1\ CSXT explains that the temporary trackage rights 
will permit it to resume overhead rail service to the Fola Coal Mine at 
Bickmore, W.Va.\2\
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    \1\ By decision served on January 18, 2011, the Board granted 
CSXT's request for waiver of 49 CFR 1180.4(g) and allowed the 
exemption to become effective immediately.
    \2\ CSXT used to use its own line to serve this mine, but it 
cannot do so now, because a necessary bridge has been closed due to 
safety concerns since September 2010. After the closure, CSXT had 
been providing service to the mine over NSR lines pursuant to a 
detour agreement. That agreement has now expired. NSR is willing to 
continue to allow CSXT to use its lines to reach the mine, but NSR 
now wishes that such service be provided through temporary trackage 
rights. CSXT expects the bridge to be in service again by July 1, 
2011.
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    As a condition to this exemption, any employees affected by the 
temporary trackage rights will be protected by the conditions imposed 
in Norfolk and Western Railway--Trackage Rights--Burlington Northern, 
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--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)(8). If it 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.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35460, 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, Law Offices of 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: January 18, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-1300 Filed 1-21-11; 8:45 am]
BILLING CODE 4915-01-P