[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Page 82674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23616]


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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).
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    \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.
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    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\
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    \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.
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    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 www.stb.gov.

    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