Notice2024-23867
Norfolk Southern Railway Company-Trackage Rights Exemption-CSXT Transportation, Inc.
Primary source
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Published
October 16, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
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[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Page 83543]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23867]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36790]
Norfolk Southern Railway Company--Trackage Rights Exemption--CSXT
Transportation, Inc.
Norfolk Southern Railway Company (NSR), a Class I rail carrier, has
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to
acquire overhead trackage rights from CSX Transportation, Inc. (CSXT),
over an approximately 95-mile CSXT rail line between Falls, Pa., at or
near CP River, CSXT milepost QA 2, and Baltimore, Md., including all
necessary trackage within CSXT's Bayview Yard, and between the western
end of CSXT's Bayview Yard (MP BAL 0.0<plus-minus>) and a connection at
MP BAL 0.5<plus-minus> (the Lines).
According to the verified notice, NSR and CSXT have agreed to a
Form A Trackage Rights Addendum to their Master Trackage Rights
Agreement for the overhead trackage rights.\1\ NSR states that the new
trackage rights will permit NSR to reroute traffic over the Lines while
CSXT's Howard Street Tunnel (HST) in Baltimore is closed for a project
that includes clearing the HST for double-stack rail passage. The
verified notice states that the trackage rights will provide temporary
alternate routes for the duration of the project, which will alleviate
potential congestion resulting from the rerouted traffic.\2\ NSR states
that the new overhead trackage rights are scheduled to expire when the
project is complete and operations through the HST resume.\3\
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\1\ NSR has filed a redacted version of the addendum with the
verified notice. It has also submitted an executed, unredacted
version of the addendum under seal and filed a motion for protective
order. That motion will be addressed in a separate decision.
\2\ NSR is also granting CSXT overhead trackage rights over
certain NSR routes, for which CSXT has sought authority in CSX
Transportation, Inc.--Trackage Rights Exemption--Norfolk Southern
Railway, Docket No. FD 36776.
\3\ To allow the proposed trackage rights to terminate at the
time agreed to by NSR and CSXT, NSR concurrently filed a petition
for partial revocation of this exemption, in Norfolk Southern
Railway Company--Trackage Rights Exemption--CSXT Transportation,
Inc., Docket No. FD 36790 (Sub-No. 1). The petition for partial
revocation will be addressed in a subsequent decision in that
subdocket.
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The transaction may be consummated on or after October 30, 2024,
the effective date of the exemption (30 days after the verified notice
was filed).\4\
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\4\ Although the verified notice's captions state that expedited
consideration is requested, NSR says its estimated consummation date
is October 30, 2024, the standard effective date under the Board's
regulations.
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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 23,
2024 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36790, 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, a copy of each pleading must be served on
NSR's representative, William A. Mullins, Mullins Law Group PLLC, 2001
L Street NW, Washington, DC 20036.
According to NSR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c)(3) and from historic
preservation reporting requirements under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: October 10, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2024-23867 Filed 10-15-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 16, 2024.
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