[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56874-56875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23526]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35546]


CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk 
Southern Railway Company, Pennsylvania Northeastern Railroad, LLC, and 
Southeastern Pennsylvania Transportation Authority

    Pursuant to a Supplemental Agreement dated August 9, 2011,\1\ CSX 
Transportation, Inc. (CSXT) is obtaining, retaining and/or modifying 
trackage rights from three separate sources, totaling 41.28 miles in 
Pennsylvania, as follows: (A) Norfolk Southern Railway Company (NSR) 
has agreed to assign its local and overhead trackage rights to CSXT 
over the Stony Creek Branch between milepost QAC 5.0 at Belfrey and 
milepost QAC 9.9 at Elm, a distance of 4.9 miles; (B) CSXT has retained 
overhead trackage rights as a result of the transfer of certain rights 
to Pennsylvania Northeastern Railroad, LLC (PNR) \2\ for the purpose of 
interchanging with PNR on the following lines: (1) A portion of the 
Bethlehem Branch between milepost QAJ 7.0 at Tabor and milepost QAJ 
24.4 at Lansdale (including Lansdale Yard between milepost QAJ 24.4 and 
milepost QAJ 24.8), (2) a portion of the Ninth Street Branch between 
milepost QAJ 6.7 at Newtown Jct. and milepost QAJ 7.0 at Tabor 
(formerly known as part of the Bethlehem Branch), (3) the New York Line 
between milepost QAA 10.8 at Jenkin (also known as Jenkintown) and 
milepost QAA 21.1 at Neshaminy (also known as Neshaminy Falls), and (4) 
the Stony Creek Branch between milepost QAC 0.0 at Lansdale and 
milepost QAC 3.0 near West Point, a total distance of 31.0 miles (31.4 
miles including Lansdale Yard); and (C) CSXT's trackage rights over 
Southeastern Pennsylvania Transportation Authority (SEPTA) lines have 
been modified as follows: (1) Overhead and local trackage rights on the 
Stony Creek Branch between milepost QAC 3.0 near West Point and 
milepost QAC 5.0 at Belfrey, (2) overhead trackage rights on the Blue 
Line Branch (Blue Line Connecting Track), between milepost 0.0 at Nice 
and milepost 0.7 at Wayne, (3) overhead trackage rights on a portion of 
the Ninth Street Branch between milepost QA 5.1 at Wayne and milepost 
QAJ 6.7 at Newton Jct., and (4) overhead trackage rights on a portion 
of the Norristown Branch between milepost 17.3 at Kalb and milepost 
17.98 at Elm, a distance of 4.98 miles. SEPTA owns all of the real 
estate and track involved in these transactions.
---------------------------------------------------------------------------

    \1\ A copy of the Supplemental Agreement was submitted with the 
notice of exemption. The agreement modifies a series of agreements 
among and between CSX Corporation/CSX Transportation, Inc. (CSX, 
CSXT), Norfolk Southern Corporation/Norfolk Southern Railway Company 
(NSC, NSR), Consolidated Rail Corporation (Conrail) and Southeastern 
Pennsylvania Transportation Authority (SEPTA) initially stemming 
from CSX Corp. et al.--Control--Conrail, Inc. et al., 3 S.T.B. 196 
(1998).
    \2\ See Pennsylvania Northeastern Railroad, LLC--Acq. & Op. 
Exemp.--CSX Transp., Inc., Docket No. FD 35535 (STB served July 22, 
2011).
---------------------------------------------------------------------------

    The purpose of the trackage rights is for CSXT to acquire the Stony 
Creek Branch from NSR in order to interchange with PNR and provide 
overhead and local service over the line as needed. CSXT has retained 
the overhead trackage rights over PNR in order to interchange traffic 
with PNR at the most efficient locations. CSXT's trackage rights over 
SEPTA continue the local and overhead service provided by Consolidated 
Rail Corporation (Conrail) since the real estate and track were 
transferred from Conrail to SEPTA, with Conrail retaining an operating 
easement and trackage rights.
    The proposed transaction is scheduled to be consummated on or after 
September 28, 2011, the effective date of the exemption (30 days after 
the exemption was filed).
    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 September 21, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35546, 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 Ave., Suite 
301, Towson, MD 21204.

[[Page 56875]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 9, 2011.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-23526 Filed 9-13-11; 8:45 am]
BILLING CODE 4915-01-P