|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.-- TRACKAGE RIGHTS EXEMPTION-- CAROLINA COASTAL RAILWAY, INC.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT CAROLINA COASTAL RAILWAY, INC. (CLNA) AGREED TO AMEND AN EXISTING OVERHEAD TRACKAGE RIGHTS AGREEMENT WITH CSX TRANSPORTATION, INC. (CSXT), TO GRANT CSXT OVERHEAD TRACKAGE RIGHTS OVER NORFOLK SOUTHERN RAILWAY COMPANY'S RAIL LINE BETWEEN CSXT'S CONNECTION WITH CLNA IN THE SOUTHWEST QUADRANT OF THE RAIL CROSSING FOR A DISTANCE OF APPROXIMATELY 16.1 MILES AND 558 FEET OF A CONNECTING TRACK BEING BUILT IN THE NORTHEAST QUADRANT OF THE CSXT AND CLNA CROSSING.|
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|Full Text of Decision|
40742 SERVICE DATE – APRIL 23, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35368]
CSX Transportation, Inc.—Trackage
Pursuant to a written supplemental trackage rights agreement (supplemental agreement) dated January 14, 2010, Carolina Coastal Railway, Inc. (CLNA), has agreed to amend an existing overhead trackage rights agreement with CSX Transportation, Inc. (CSXT), to grant CSXT overhead trackage rights over Norfolk Southern Railway Company’s (NSR) rail line: (1) between CSXT’s connection with CLNA in the southwest quadrant of the rail crossing between CSXT and CLNA (CSXT and CLNA Crossing) at milepost NSR 148.1 and milepost NSR 132.0 at NSR’s Chocowinity yard limit board, a distance of approximately 16.1 miles; and (2) 558 feet of a connecting track that is being built in the northeast quadrant of the CSXT and CLNA Crossing.
The transaction is
scheduled to be consummated on
CSXT states that CLNA
and CSXT entered into the original trackage rights agreement governing use of
the line with the understanding of the North Carolina Department of
Transportation, Rail Division’s (NCDOT) plan to reconfigure the trackage in the
a condition to this exemption, any employees affected by the trackage rights
will be protected by the conditions imposed in
notice is filed under 49 C.F.R. § 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
An original and 10
copies of all pleadings, referring to Docket No. FD 35368, must be
filed with the Surface Transportation Board, 395 E Street, S.W.,
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: April 19, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 A redacted version of the initial trackage rights agreement and the supplemental agreement between CLNA and CSXT was filed with the notice of exemption. The full version of the initial agreement, as required by 49 C.F.R. § 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The motion is being addressed in a separate decision.
 CSXT currently
has trackage rights over NSR’s line between