[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24084-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10372]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35492]


Atlantic and Western Railway, Limited Partnership--Trackage 
Rights Exemption--Norfolk Southern Railway Company

    Pursuant to a written trackage rights agreement, Norfolk Southern 
Railway Company (NSR) has agreed to grant limited local trackage rights 
to Atlantic and Western Railway, Limited Partnership (ATW) \1\ over 
approximately 13.8 miles of NSR's rail line between milepost NS-279.9, 
NSR's connection with ATW, at Cumnock, NC and milepost 266.1 at 
Brickhaven, NC (the line).\2\
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    \1\ By letter filed April 15, 2011, ATW corrects two places in 
its initial filing in which its corporate name was incorrectly 
identified as Atlantic and Western Railway Company, Limited 
Partnership.
    \2\ These trackage rights also include sufficient head/tail room 
at both ends of the line to safely conduct operations. According to 
the agreement, ATW's trackage rights are limited to providing local 
service to Noble Oil at Colon, NC, Lee Brick & Tile at Leebrick, NC, 
and General Shale Brick at Brickhaven, or their respective 
successors. In addition, the written trackage agreement does not 
permit ATW to handle coal.
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    The transaction is scheduled to be consummated on May 13, 2011, the 
effective date of the exemption (30 days after the exemption was 
filed).
    The purpose of the transaction is to allow ATW to extend its 
existing rail service to the three customers located on the line.
    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 and 
Operate--

[[Page 24085]]

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 filed by May 6, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35492, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 25, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-10372 Filed 4-28-11; 8:45 am]
BILLING CODE 4915-01-P