[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21389-21390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9424]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35368]
CSX Transportation, Inc.--Trackage Rights Exemption--Carolina
Coastal Railway, Inc.
Pursuant to a written supplemental trackage rights agreement
(supplemental agreement) dated January 14, 2010, Carolina Coastal
Railway, Inc. (CLNA), has agreed to amend an existing overhead trackage
rights agreement with CSX Transportation, Inc. (CSXT),\1\ to grant CSXT
overhead trackage rights over Norfolk Southern Railway Company's (NSR)
rail line: \2\ (1) Between CSXT's connection with CLNA in the southwest
quadrant of the rail crossing between CSXT and CLNA (CSXT and CLNA
Crossing) at milepost NSR 148.1 and milepost NSR 132.0 at NSR's
Chocowinity yard limit board, a distance of approximately 16.1 miles;
and (2) 558 feet of a connecting track that is being built in the
northeast quadrant of the CSXT and CLNA Crossing.
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\1\ A redacted version of the initial trackage rights agreement
and the supplemental agreement between CLNA and CSXT was filed with
the notice of exemption. The full version of the initial agreement,
as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under
seal along with a motion for protective order. The motion is being
addressed in a separate decision.
\2\ CSXT currently has trackage rights over NSR's line between
Greenville and Lee Creek, N.C. (CSXT trackage rights line). See
Seaboard Coast Line R.R.--Trackage Rights--Over Norfolk S. Ry.
between Greenville and Lee Creek in Pitt and Beaufort Counties,
N.C., Docket No. FD 28252 (ICC served Feb. 28, 1977) (NSR's granting
of trackage rights to Seaboard Coast Line Railroad Company) and CSX
Corp.[horbar]Control--Chessie System, and Seaboard Coast Line
Indus., 363 I.C.C. 521 (1980) (acquisition of control of Seaboard
Coast Line Industries, Inc., by CSX Corporation). NSR leased to CLNA
its rail line from Greenville to Chocowinity, N.C., which is a
segment of the CSXT trackage rights line. See Carolina Coastal Ry.--
Lease and Operation Exemption--Norfolk S. Ry., Docket No. FD 35034
(STB served June 6, 2007).
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The transaction is scheduled to be consummated on May 7, 2010, the
effective date of the exemption (30 days after the exemption was
filed).
CSXT states that CLNA and CSXT entered into the original trackage
rights agreement governing use of the line with the understanding of
the North Carolina Department of Transportation, Rail Division's
(NCDOT) plan to reconfigure the trackage in the vicinity of Greenville,
including the area around the line. Because of NCDOT's track
reconfiguration, CLNA and CSXT entered into a supplemental agreement
for purposes of CSXT's continued entry onto and exit from the track.
The supplemental trackage rights will allow CSXT's continued use of the
track in accordance with NCDOT's track reconfiguration.
As a condition to this exemption, any employees affected by the
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).
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
[[Page 21390]]
filed by April 30, 2010 (at least 7 days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35368, 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 Steven C. Armbrust, CSX Transportation,
Inc., 500 Water Street J-150, Jacksonville, FL 32202, and Louis E.
Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue,
Suite 301, Towson, MD 21204.
Board decisions and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: April 19, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-9424 Filed 4-22-10; 8:45 am]
BILLING CODE 4915-01-P