Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices 58791 

1An incidental portion of the rail line, consisting 

of four-tenths of a mile, is operated by NSR via a 

trackage rights agreement between AGS and The 

Kansas City Southern Railway Company (KCSR). 

KCSR has consented to the use of the KCSR 

segment for the purposes of this transaction. 

2On September 23, 2005, CSXT filed a request for 

a protective order and submitted a redacted version 

of the temporary trackage rights agreement that had 

been filed with the Board on September 22, 2005. 

CSXT stated that the unredacted version of the 

agreement that had been filed on September 22, 

2005, contained highly sensitive data and 

proprietary information. It therefore asked that the 

unredacted version of the agreement be placed 

under seal and that the redacted version be placed 

in the public record in this proceeding. By decision 

served on September 28, 2005, the Board granted 

these requests. 

3By decision served September 23, 2005, the 

Board granted CSXT’s request for waiver of 49 CFR 

1180.4(g) and allowed the exemption to become 

effective on September 23, 2005. 

1LSRR is controlled by Watco Companies, Inc., 

a noncarrier that also controls thirteen (13) Class III 

railroads operating in thirteen States. 

with the rail lines being leased by LSRR; 

(2) the continuance in control is not part 

of a series of anticipated transactions 

that would connect the rail lines being 

acquired by LSRR with any railroad in 

the Watco corporate family; and (3) 

neither LSRR nor any of the carriers 

controlled by Watco are Class I carriers. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of applicant’s rail 

carrier subsidiaries and thereby improve 

the overall efficiency of rail service 

provided by the 14 railroads. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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 transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34752, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

Of Counsel, BALL JANIK LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 3, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20244 Filed 10–6–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34762] 

CSX Transportation, Inc.—Temporary 

Trackage Rights Exemption—Alabama 

Great Southern Railroad Company 

Alabama Great Southern Railroad 

Company (AGS), a subsidiary of Norfolk 

Southern Railway Company (the two 

entities will be referenced collectively 

as NSR) has agreed to grant temporary 

overhead trackage rights to CSX 

Transportation, Inc. (CSXT) over NSR 

lines running between Birmingham, AL, 

and Shrewsbury, LA, a total distance of 

approximately 355.1 miles.1

Specifically, NSR has agreed to grant 

temporary overhead trackage rights 

over: (1) AGS South District between 

Birmingham, AL, 27th Street, milepost 

142.0, and Meridian, MS, 27th Avenue, 

milepost 295.4; (2) NSR’s trackage rights 

over the connection between AGS and 

KCSR near 27th Avenue in Meridian, 

MS, at milepost 295.4 and the 

connection between KCSR and AGS NO 

& NE District at milepost NO–0.4; (3) 

NO & NE District between Meridian, 

MS, 27th Avenue, milepost NO–0.4, and 

New Orleans, LA, Oliver Junction, 

milepost 194.1, and (4) New Orleans 

terminal Back Belt Line between New 

Orleans, LA, Oliver Junction, milepost 

7.9 NT, and East City Junction at 

milepost 3.8 NT and between East City 

Junction at milepost 3.5 A and 

Shrewsbury, LA, IC Connection, 

milepost 0.0 A.2

The exemption became effective on 

September 23, 2005, and will expire on 

January 1, 2006.3 The purpose of the 

temporary trackage rights is to allow 

CSXT to resume continuous east-west 

overhead service between Jacksonville, 

FL, and New Orleans, LA after portions 

of CSXT’s main line between 

Pascagoula, MS, and New Orleans 

became inoperable due to damage from 

Hurricane Katrina. 

As a condition to this exemption, any 

employees affected by the acquisition of 

the temporary 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), and any employees affected by 

the discontinuance of those trackage 

rights will be protected by the 

conditions set out in Oregon Short Line 

R. Co.—Abandonment—Goshen, 360 

I.C.C. 91 (1979). 

This notice is filed under 49 CFR 

1180.2(d)(8). If it 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 transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34762, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Robert 

Ledoux, Assistant General Counsel, CSX 

Transportation, Inc., 500 Water Street 

J–150, Jacksonville, FL 32202, and Louis 

E. Gitomer, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 29, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20019 Filed 10–6–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34751] 

Louisiana Southern Railroad, Inc.—

Lease and Operation Exemption—The 

Kansas City Southern Railway 

Company 

Louisiana Southern Railroad, Inc. 

(LSRR), a noncarrier,1 has filed a 

verified notice of exemption under 49 

CFR 1150.31 to lease from The Kansas 

City Southern Railway Company (KCS)