[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63540-63541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26009]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35395]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Illinois Central Railroad Company

    Pursuant to a written trackage rights agreement dated August 17, 
2010, Illinois Central Railroad Company (IC) has agreed to grant 
overhead trackage rights to Norfolk Southern Railroad Company (NSR) 
over approximately 199.1 miles of rail line controlled by IC,\1\ 
between: (1) Milepost 6.2 at Church,

[[Page 63541]]

Ill., and milepost 70.0 at DuQuoin, Ill.; (2) milepost 71.0 at Eldorado 
Junction, Ill., and milepost 100.0 at Akin Junction, Ill.;\2\ (3) 
milepost 62.9 at Akin Junction and milepost 40.7 at North Siding, Ill.; 
and (4) milepost 40.7 at North Siding and the IC's connection to the 
Western Tennessee Railroad at milepost 269.4 near Fulton, KY.\3\
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    \1\ In a supplemental pleading filed October 6, 2010, NSR states 
that the portion of the involved route is over tracks owned by 
Paducah & Illinois Railroad Company (P&I) and that NSR's use of that 
portion of the involved trackage rights is contingent upon NSR 
obtaining a separate agreement to operate over P&I's trackage. In 
the event that NSR obtains such an agreement, NSR states that it 
will file a notice of exemption.
    \2\ NSR has existing trackage rights over IC's line between 
milepost 70.0 at DuQuoin and milepost 71.0 at Eldorado Junction.
    \3\ A redacted, executed trackage rights agreement between IC 
and NSR was filed with the notice of exemption. Also, a motion for 
protective order was concurrently filed and will be addressed in a 
separate decision. On October 7, 2010, an unredacted version of the 
trackage rights agreement was filed under seal.
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    The transaction may be consummated on or after October 29, 2010, 
the effective date of the exemption (30 days after the exemption is 
filed). The primary purpose of the trackage rights agreement is to 
enable NSR to route traffic over IC's rail lines for transportation 
beyond the endpoints of Church and the Western Tennessee Railroad 
connection.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 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 by October 22, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35395, 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 Daniel G. Kruger, Attorney, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-26009 Filed 10-14-10; 8:45 am]
BILLING CODE 4915-01-P