[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35508-35509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14990]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35510]


Alabama Southern Railroad, L.L.C.--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to a written 
trackage rights agreement dated May 13, 2011, has agreed to grant 
nonexclusive overhead temporary trackage rights to Alabama Southern 
Railroad, L.L.C. (ABS) over a portion of NSR's line of railroad between 
milepost 143.6, at Birmingham, Ala., and milepost 198.5, at Tuscaloosa, 
Ala., a distance of approximately 54.9 miles.\1\
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    \1\ A redacted, executed trackage rights agreement between NSR 
and ABS was filed with the notice of exemption. The unredacted 
version was filed under seal on June 6, 2011, along with a motion 
for protective order, which will be addressed in a separate 
decision.
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    The transaction is scheduled to be consummated on or after July 1, 
2011, the effective date of the exemption (30 days after the exemption 
was filed). The temporary trackage rights are scheduled to expire on 
November 15, 2011. The purpose of the temporary trackage rights is to 
allow ABS to operate around its Hurricane Creek Bridge, near 
Tuscaloosa, which was destroyed by a tornado.
    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 & W. Ry.--Trackage Rights--Burlington N., 
Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry.--Lease 
& Operate--Cal. W. R.R., 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 & The 
Union Pacific 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 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 transaction. Petitions for stay must be filed no later than 
June 24, 2011 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD

[[Page 35509]]

35510, 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 Karl Morrell, of Counsel, Ball Janik LLP, 
Suite 225, 655 Fifteenth Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 13, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-14990 Filed 6-16-11; 8:45 am]
BILLING CODE 4915-01-P