[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Page 22111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10115]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36190]


Terminal Railway Alabama State Docks--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Terminal Railway Alabama State Docks (TASD), a Class III switching 
and terminal carrier, has filed a verified notice of exemption under 49 
CFR 1180.2(d)(8) for its acquisition of temporary overhead trackage 
rights from Norfolk Southern Railway Company (NSR) over NSR's 3-B South 
District rail line between the connection with TASD at approximately 
milepost 146.9 MB at CN Crossing and the connection with TASD at 
approximately milepost 144.0 MB at Terminal Junction, a distance of 
approximately 2.9 miles in Mobile, Ala. (the Line).
    TASD states that, pursuant to a written Detour and Temporary 
Trackage Rights Agreement (Agreement) dated April 18, 2018,\1\ NSR has 
agreed to grant the specified temporary overhead trackage rights to 
TASD. TASD has concurrently filed a petition for waiver of the 30-day 
period under 49 CFR 1180.4(g) to allow the proposed temporary trackage 
rights to become effective immediately.\2\ TASD states that it intends 
to consummate the transaction immediately upon issuance of the Board's 
decision on its petition for waiver, if waiver is granted, or upon the 
effective date of the notice, May 27, 2018. The sole purpose of the 
trackage rights is to accommodate emergency detour operations by TASD 
over the Line while repairs are made to TASD's Viaduct Bridge. The 
temporary trackage rights will expire on October 18, 2018.
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    \1\ A copy of the Agreement was filed with the notice.
    \2\ The petition for waiver will be addressed in a separate 
decision.
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    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 & 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), 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 & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    This notice is filed under 49 CFR 1180.2(d)(8). If the verified 
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.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36190, 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 applicant's representative, Thomas J. 
Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, 
Chicago, IL 60606-2832.
    According to TASD, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic reporting 
under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available on our website at 
``WWW.STB.GOV.''

    Decided: May 8, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-10115 Filed 5-10-18; 8:45 am]
 BILLING CODE 4915-01-P