[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56270-56271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22448]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35674]


CSX Transportation, Inc.--Temporary Trackage Rights Exemption--
Alabama Great Southern Railroad Company and Meridian Speedway, LLC

    Pursuant to a written trackage rights agreement dated August 31, 
2012, Alabama Great Southern Railroad Company (AGS) has agreed to grant 
CSX Transportation, Inc. (CSXT) temporary overhead trackage rights 
over: (1) AGS South District between the connection of AGS and CSXT in 
Birmingham, Ala., near 14th Street at milepost 143.5 and the connection 
with the trackage of The Kansas City Southern Railway Company (KCSR) 
near 27th Avenue in Meridian, Miss., at milepost 295.4; (2) AGS NO & NE 
District between the connection with the trackage of Meridian Speedway, 
LLC (Meridian Speedway) at Meridian, Miss., 27th Avenue, milepost NO-
0.4, and New Orleans, La., Oliver Junction, milepost 194.1; and (3) New 
Orleans Terminal Back Belt Line between New Orleans, La., Oliver 
Junction, milepost 7.9-NT, and East City Junction at milepost 3.8-NT 
and between East City Junction at milepost 3.5-A and CN/IC connection 
in Shrewsbury, La., milepost 0.0-A, a distance of 352.8 miles. Pursuant 
to a second written trackage rights agreement, Meridian Speedway has 
agreed to grant CSXT temporary overhead trackage rights over the 
connection between AGS and Meridian Speedway near 27th Avenue in 
Meridian, Miss., at milepost 295.4 and the connection between Meridian 
Speedway and AGS NO & NE District at milepost NO-0.4, a distance of 0.4 
miles. The lines in question total 353.2 miles of track.
    CSXT explains that the temporary trackage rights will permit it to 
resume overhead rail service between Pascagoula, Miss., and New 
Orleans, La., in the aftermath of Hurricane Isaac. CSXT states that as 
a result of Hurricane Isaac, portions of its track along the Gulf Coast 
have been damaged and put out of service between Pascagoula, Miss., and 
New Orleans, La., and CSXT does not expect the line to be operable in 
the immediate future.
    In addition to this verified notice of exemption, CSXT concurrently 
filed a petition requesting that the Board waive the requirement of 49 
CFR 1180.4(g) so that the exemption could become effective immediately. 
By decision served September 7, 2012, the Board granted CSXT's request. 
As a result, this

[[Page 56271]]

exemption is now effective and will expire on December 16, 2012.
    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) (N&W), 
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). Because 
of the nature of the situation, CSXT reports that the unions 
representing employees of CSXT and AGS have agreed to waive the 20-day 
notice period under N&W before consummation so that operations may 
start upon the effective date of this exemption.
    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 35674, 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 
www.stb.dot.gov.

    Decided: September 7, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-22448 Filed 9-11-12; 8:45 am]
BILLING CODE 4915-01-P