[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Page 47922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19643]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35626]


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

    Pursuant to a written trackage rights agreement dated May 18, 2012, 
Norfolk Southern Railway Company (NSR) has agreed to grant overhead and 
local trackage rights to CSX Transportation, Inc. (CSXT) over a rail 
line known as the Pemberton Line, located between milepost WG12.0 near 
Helen, W. Va., and milepost WG23.6 at Pemberton, W. Va., a distance of 
approximately 11.6 miles.
    The transaction is scheduled to be consummated on August 25, 2012, 
the effective date of the exemption (30 days after the exemption was 
filed).
    The purpose of the transaction is to permit CSXT to serve all 
existing and future customers at any point or connection located on the 
Pemberton Line, including access to and use of NSR's side tracks at 
Helen, W. Va., and Amigo, W. Va., for use as interchange facilities 
between NSR and CSXT, including, but not limited to, use of those side 
tracks with respect to service to East Gulf Mine and other Stone Coal 
Branch traffic handled by agreement for CSXT by NSR from time to 
time.\1\
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    \1\ In 1995, CSXT leased from NSR the line of railroad between 
Helen, milepost WG-12.0, and McVey, milepost WG-25.5, a distance of 
13.5 miles, including the Pemberton Line. CSX Transp., Inc.--Lease & 
Operation Exemption--Norfolk & W. Ry., FD 32768 (ICC served Oct. 27, 
1995). In its notice, CSXT acknowledges that it retains rights and 
obligations to provide common carrier service between Helen and 
McVey until such time as CSXT receives and consummates 
discontinuance authority from the Board under 49 U.S.C. 10903. CSXT 
states that it expects to file a petition for exemption to 
discontinue service between Helen and McVey concurrent with the 
effective date of this notice.
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    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--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. Petitions for 
stay must be filed by August 17, 2012 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35626, 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.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: August 6, 2012.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-19643 Filed 8-9-12; 8:45 am]
BILLING CODE 4915-01-P