[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Page 40642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19258]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35281]


CSX Transportation, Inc.--Trackage Rights Exemption--Commonwealth 
Railway Incorporated

    Pursuant to a written trackage rights agreement,\1\ Commonwealth 
Railway Incorporated (CWRY) has agreed to grant non-exclusive overhead 
trackage rights to CSX Transportation, Inc. (CSXT), over CWRY's line of 
railroad between Suffolk, VA, milepost 16.50, and Churchland, VA, 
milepost 9.90, a distance of approximately 6.60 miles.\2\
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    \1\ A redacted version of the proposed trackage rights agreement 
between CSXT and CWRY was filed with the notice of exemption. The 
full version of the draft agreement was concurrently filed under 
seal along with a motion for protective order. The motion is being 
addressed in a separate decision. As required by 49 CFR 
1180.6(a)(7)(ii), the parties must file a copy of the executed 
agreement within 10 days of the date the agreement is executed.
    \2\ On July 27, 2009, CSXT filed an amendment to its verified 
notice of exemption to comply with the information required by 49 
CFR 1180.4(g)(4)(i), thereby making July 27, 2009, the official 
filing date for the notice. Parties are reminded that, when filing a 
notice of exemption for transactions that may limit future 
interchange with a third-party connecting carrier, parties must 
provide the following additional information: (1) Disclose the 
existence of the provision or agreement that limits or restricts 
interchange; (2) disclose the affected interchange points; and (3) 
file a confidential, complete version of the documents containing 
the provision or agreement that limits or restricts interchange.
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    The earliest this transaction may be consummated is August 26, 
2009, the effective date of the exemption (30 days after the amendment 
to the notice of exemption was filed). The purpose of the trackage 
rights agreement is to improve CSXT's access to the Maersk Terminal in 
the port of Norfolk and to provide competitive service for intermodal 
and other traffic originating at, and destined for, the port.
    Pursuant to 49 CFR 1180.4(g)(i), CSXT discloses that the agreement 
contains a provision prohibiting CSXT from using the line for 
interchange with any third-party carrier, wherever one may connect 
with, and create an interchange point on, the line.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 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 at least 7 days before the exemption becomes effective.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35281, 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: August 6, 2009.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-19258 Filed 8-11-09; 8:45 am]
BILLING CODE 4915-01-P