[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55993-55994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22740]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36359]


Norfolk Southern Railway Company--Temporary Trackage Rights 
Exemption--The Kansas City Southern Railway Company

    Norfolk Southern Railway Company (NSR), a Class I rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for the 
acquisition of temporary overhead trackage rights by NSR over an 
approximately 156.3-mile rail line of The Kansas City Southern Railway 
Company (KCS) between Mexico, Mo. (KCS milepost 325.7), and Rock Creek 
Junction in Kansas City, Mo. (KCS milepost 482.0), pursuant to the 
terms of a written Temporary Trackage Rights Agreement dated October 8, 
2019 (Agreement).\1\
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    \1\ A redacted copy of the Agreement is attached to the verified 
notice. An unredacted copy has been filed under seal along with a 
motion for protective order pursuant to 49 CFR. 1104.14. That motion 
is addressed in a separate decision.
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    NSR states that the purpose of the temporary trackage rights is to 
accommodate its emergency detour operations between Moberly, Mo., and 
Kansas City, on account of the inoperability of the Grand River Bridge 
in Brunswick, Mo., and thus permit continued rail service while 
operations over the bridge are being restored and until NSR is able to 
resume full operations. NSR states that the temporary trackage rights 
will expire no later than September 30, 2020.
    NSR 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. By decision served October 11, 2019, 
the Board granted NSR's request. As a result, this exemption is now 
effective.
    As a condition to this exemption, any employees affected by the 
acquisition of

[[Page 55994]]

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).
    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.
    All pleadings, referring to Docket No. FD 36359, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on NSR's representative, Garrett 
D. Urban, Norfolk Southern Corporation, Three Commercial Place, 
Norfolk, VA 23510.
    According to NSR, 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 at www.stb.gov.

    Decided: October 11, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2019-22740 Filed 10-17-19; 8:45 am]
BILLING CODE 4915-01-P