[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Page 58791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20019]


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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\
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    \1\ An 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.
    \2\ On 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.
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    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.
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    \3\ By 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.
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    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