Notice2024-23616
CSX Transportation, Inc.-Trackage Rights Exemption-Norfolk Southern Railway Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2024
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Page 82674]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23616]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36776]
CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk
Southern Railway Company
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR 1180.2(d)(7) to acquire overhead trackage rights
over two rail lines owned by Norfolk Southern Railway Company (NSR):
(1) The Bay Route, between CP Bay, at or near milepost 91.9,\1\ and the
connection between NSR and CSXT, at or near milepost IP 0.41, a
distance of approximately 2.8 miles, in Baltimore City, Md.; and (2)
The Harrisburg Route, (a) between Lurgan, Pa. (at or near milepost LG
40.1/HW 40.1), and Norristown, Pa., at CP Norris, Pa. (at or near
milepost HP 18.0), a distance of approximately 148.3 miles; and (b)
between CP Falls (at or near milepost HP 5.4) and a connection with
CSXT's Philadelphia Subdivision at CP Laurel Hill (at or near milepost
QA 2.9), a distance of approximately 0.5 miles (collectively, the
Lines).
---------------------------------------------------------------------------
\1\ CSXT states that it will access the NSR line at CP Bay via
rights that it has to operate over the National Passenger Railroad
Corporation's Northeast Corridor.
---------------------------------------------------------------------------
CSXT and NSR have agreed to two Form A Trackage Rights Addendums to
their Master Trackage Rights Agreement for the overhead trackage
rights.\2\ According to the verified notice, the purpose of the new
trackage rights is to provide temporary alternate routes for CSXT
trains while CSXT's Howard Street Tunnel in Baltimore, Md. (HST), is
closed for a project that includes clearing the HST for double-stack
rail passage. CSX states that, at certain times during the project, it
will close the HST, and, during such closures, CSXT intends to reroute
its current traffic over other CSXT lines and lines of NSR to continue
to provide service to its customers whose traffic normally moves
through the HST. CSXT further states that it will reroute the traffic
using a combination of existing trackage rights and the new trackage
rights that are the subject of this verified notice.\3\ According to
the verified notice, CSXT and NSR have agreed that the new overhead
trackage rights will terminate when the project is complete, the HST is
reopened, and CSXT has begun to move rail traffic through the HST.\4\
---------------------------------------------------------------------------
\2\ CSXT has filed executed, redacted versions of the addendums
with the verified notice. CSXT has also submitted under seal
executed, unredacted versions of the addendums and filed a motion
for protective order. That motion is addressed in a separate
decision.
\3\ CSXT is also granting NSR overhead trackage rights over
certain CSXT routes, for which NSR has sought authority in Norfolk
Southern Railway--Trackage Rights Exemption--CSX Transportation,
Inc., Docket No. FD 36790.
\4\ To allow the trackage rights to terminate at the time agreed
to by CSXT and NSR, CSXT has concurrently filing a petition for
partial revocation of this trackage rights exemption in CSX
Transportation, Inc.--Trackage Rights Exemption--Norfolk Southern
Railway Company, Docket No. 36776 (Sub-No. 1). The petition for
partial revocation will be addressed in a subsequent decision in
that subdocket.
---------------------------------------------------------------------------
This transaction may be consummated on or after October 26, 2024,
the effective date of the exemption (30 days after the verified notice
was filed).
As a condition to this exemption, any employees affected by the
acquisition of 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 & Operate--California Western Railroad, 360 I.C.C. 653
(1980).
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. Petitions for stay must be filed no later than October 18,
2024 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36776, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, one copy of each pleading must be served on
CSXT's representative, Louis E. Gitomer, Law Offices of Louis E.
Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
According to CSXT, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: October 8, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024-23616 Filed 10-10-24; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on October 11, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.