[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Notices]
[Pages 319-320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-106]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 90)] 1
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\1\ A copy of this decision is being served on all persons
designated as POR, MOC, or GOV on the service list in STB Finance
Docket No. 33388.
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CSX Corporation and CSX Transportation, Inc., Norfolk Southern
Corporation and Norfolk Southern Railway Company--Control and Operating
Leases/Agreements --Conrail Inc. and Consolidated Rail Corporation
(Buffalo Rate Study)
ACTION: Decision No. 2; Extension of Deadlines Applicable to the First
Phase of the Buffalo Rate Study.
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SUMMARY: In Decision No. 1, which was served December 15, 1999, and
published in the Federal Register on December 20, 1999 (at 64 FR
71188), the Board initiated a 3-year study (the Buffalo Rate Study) to
examine linehaul and switching rates for rail movements into and out of
the State of New York's Buffalo area. By petition filed December 23,
1999, CSX Corporation and CSX Transportation, Inc. (collectively, CSX)
and Norfolk Southern Corporation and Norfolk Southern Railway Company
(collectively, NS) have requested that each of the respective due dates
for the first phase (also referred to as the initial
[[Page 320]]
6-month review) of the Buffalo Rate Study be extended for a period of
four weeks. In this decision, the Board is extending the due dates
applicable to the first phase of the Buffalo Rate Study.
DATES: For the initial 6-month review (also referred to as the first
phase), the carriers' rail 100% waybill files for the period beginning
June 1, 1997, and ending November 30, 1999, should be made available to
all interested parties and to Board staff by January 27, 2000. CSX and
NS comprehensive filings are due by February 11, 2000; comments from
other parties are due by March 13, 2000; and CSX and NS replies to
comments are due by March 28, 2000.
For the first full-year review, the carriers' rail 100% waybill
files for the period ending May 31, 2000, should be made available to
all interested parties and to Board staff by June 30, 2000. CSX and NS
comprehensive filings are due by July 14, 2000; comments from all
interested parties are due by August 14, 2000; and CSX and NS replies
to comments are due by August 29, 2000. (The dates applicable to the
first full-year review have not been changed; they are noted here
simply for ease of reference.)
ADDRESSES: An original and 25 copies of all documents must refer to STB
Finance Docket No. 33388 (Sub-No. 90) and must be sent to: Surface
Transportation Board, Office of the Secretary, Case Control Unit, Attn:
STB Finance Docket No. 33388 (Sub-No. 90), 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, one copy of all documents in
this proceeding must be sent to each representative: (1) Dennis G.
Lyons, Esq., Arnold & Porter, 555 12th Street, N.W., Washington, DC
20004-1202 (representing CSX); and (2) Richard A. Allen, Esq., Zuckert,
Scoutt & Rasenberger, LLP, 888 17th Street, N.W., Washington, DC 20006-
3939 (representing NS).
In addition to submitting an original and 25 copies of all paper
documents filed with the Board, parties also must submit, on 3.5-inch
IBM-compatible floppy diskettes (disks) or compact discs (CDs), copies
of all pleadings and attachments (e.g., textual materials, electronic
workpapers, data bases and spreadsheets used to develop quantitative
evidence) and must clearly label pleadings and attachments and
corresponding computer diskettes with an identification acronym and
pleading number. Textual materials must be in, or convertible by and
into, WordPerfect 7.0. Electronic spreadsheets must be in some version
of Lotus, Excel, or Quattro Pro. Parties may individually seek a waiver
from the disk-CD requirement.
FOR FURTHER INFORMATION, CONTACT: Michael A. Redisch, (202) 565-1544.
[TDD for the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: In their petition (designated CSX/NS-220)
filed December 23, 1999, CSX and NS have explained that extension of
the first phase deadlines is necessary to assure the orderly and
efficient production of the waybill data called for in Decision No. 1.
CSX and NS contend, in essence, that, in view of other year-end tasks,
and considering the substantial data processing required to produce the
relevant waybill records, production of the required waybill data by
December 30, 1999 (the date set in Decision No. 1) is simply not
feasible.
The requested extension is justified, especially in light of the
need for meaningful data for the Buffalo Rate Study. As noted by CSX
and NS, because the study is a 3-year undertaking involving annual
reviews, the 4-week extension will not affect the timely completion of
the initial annual review or the overall study. The deadlines
applicable to the first phase will therefore be extended in the manner
requested.
Service List
As with Decision No. 1, a copy of this decision is being served on
all persons designated as POR, MOC, or GOV on the service list in STB
Finance Docket No. 33388. This decision (like Decision No. 1) will
serve as a notice that persons who were parties of record in STB
Finance Docket No. 33388 will not automatically be placed on the
service list as parties of record for this Buffalo Rate Study
proceeding. Any persons interested in being on the STB Finance Docket
No. 33388 (Sub-No. 90) service list and receiving copies of CSX and NS
filings relating to the Buffalo Rate Study must send us written
notification with copies to the railroads' representatives.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: December 28, 1999.
By the Board, Vernon A. Williams, Secretary.
Vernon A. Williams,
Secretary.
[FR Doc. 00-106 Filed 1-3-00; 8:45 am]
BILLING CODE 4915-00-P
