[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47645-47646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19889]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35538]


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

    Pursuant to a written trackage rights agreement, Norfolk Southern 
Railway Company (NSR) has agreed to grant approximately 3,290 feet of 
overhead trackage rights to CSX Transportation, Inc. (CSXT),\1\ between 
the point of switch at Track Station 55 + 65 and the point of switch at 
Track Station 30 + 70, and the portion of NSR's track parallel to 
CSXT's track between the point of switch at Track Station 30 + 55 and 
Track Station 22 + 75, in Hamilton County, Tenn.
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    \1\ A redacted, executed trackage rights agreement between CSXT 
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 is scheduled to be consummated on or after August 
21, 2011, the effective date of the exemption (30 days after the 
exemption was filed).
    CSXT states that it and NSR both own tracks between Craven's Yard 
and the riverfront in the vicinity of 19th Street in Chattanooga, Tenn. 
According to CSXT, NSR's single spur track crosses CSXT's single spur 
track at Chestnut Street, just north of Craven's Yard under provisions 
of an agreement dated January 30, 1907, as supplemented (the Lewis 
Street Crossing Agreement). To

[[Page 47646]]

take advantage of operating efficiencies and conveniences, CSXT and NSR 
wish to cancel the Lewis Street Crossing Agreement and replace the 
current crossing diamond with a turnout and switches lining CSXT's spur 
into NSR's spur north of Craven's Yard. CSXT states that, by retiring 
the crossing diamond, the parties will reduce maintenance costs and 
improve the efficiency of operations. The purpose of the proposed 
trackage rights is to allow CSXT the use of the turnout and switches.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
& Operate--California Western Railroad, 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 12, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35538, 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 Steven C. Armbrust, Esq., CSX 
Transportation, Inc., 500 Water Street J-150, Jacksonville, FL 32202, 
and Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, LLC, 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 2, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-19889 Filed 8-4-11; 8:45 am]
BILLING CODE 4915-01-P