95-25453. Consolidated Rail CorporationTrackage Rights Exemption Norfolk and Western Railway Company  

  • [Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
    [Notices]
    [Page 53200]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-25453]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 32780]
    
    
    Consolidated Rail Corporation--Trackage Rights Exemption-- 
    Norfolk and Western Railway Company
    
        Norfolk and Western Railway Company (NW) has agreed to grant 
    overhead and local trackage rights to Consolidated Rail Corporation 
    (Conrail) as follows: (1) Overhead trackage rights between milepost 
    441.8 at Tolleston, IN, and the NW/Conrail property line at 
    ``CP Mike'', milepost 319.2 at Ft. Wayne, IN, with the 
    additional right to enter and exit the trackage at the connection with 
    Conrail's Marion Branch, milepost 358.63 of NW's line, and 
    the right to enter and exit the Warsaw Passing Track (ZTS 211), 
    milepost 358.63, and Conrail's West Industrial Track 
    (Donnelley Siding, ZTS 208/210), milepost 359.68, for the 
    purpose of setting off and picking up cars moving to and from customers 
    located within the local trackage rights area at Warsaw, IN; and (2) 
    local trackage rights between milepost 356.5 and milepost 
    361.7 at Warsaw, with the right to enter and exit the 
    trackage at the connection with Conrail's Marion Branch, milepost 
    358.63 of NW's line, at switch connection to Conrail's 
    Engine Storage Siding, milepost 358.26, and at those 
    switches necessary to access Conrail's tracks and to serve Conrail's 
    customers between milepost 358.7 and milepost 
    361.7, at Warsaw (Conrail shall have the right to use the 
    trackage between these points--including incidental headroom and 
    tailroom--for the purpose of switching and moving cars to and from 
    Conrail's tracks and Conrail's customers located between milepost 
    358.7 and milepost 361.7 and for the storage of 
    equipment on the Warsaw Passing Track (ZTS 211) and Engine Storage 
    Track (ZTS 817)).1 The involved trackage totals approximately 
    125.78 miles in length.
    
        \1\The rail lines involved were formerly owned by Conrail (Fort 
    Wayne Secondary). In Norfolk and Western Railway Company--Purchase 
    and Operation Exemption--Consolidated Rail Corporation Between Fort 
    Wayne and Warsaw, IN, Finance Docket No. 32736 (ICC served Aug. 29, 
    1995), NW acquired 3 line segments, totaling approximately 50.15 
    miles. Norfolk Southern Corporation, through the offer of financial 
    assistance procedures, acquired approximately 17.8 and 61 miles, 
    respectively, in Consolidated Rail Corporation--Abandonment 
    Exemption--Between Valparaiso and Gary, IN, Docket No. AB-167 (Sub-
    No. 1109X) (ICC served June 3, 1993) and Consolidated Rail 
    Corporation--Abandonment Between Warsaw and Valparaiso, In 
    Kosciusko, Marshall, Starke, La Porte and Porter Counties, IN, 
    Docket No. AB-167 (Sub-No. 1125) (ICC served Mar. 14, 1994).
        Conrail is restricted from using the trackage rights for the 
    purpose of switching, storage of cars, or the making or breaking up 
    of trains, except as set out in the trackage rights agreement.
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        The proposed transaction will allow Conrail to continue to serve 
    its customers located within the local trackage area and to use the 
    trackage for overhead movements. The trackage rights will take effect 
    on such date as the parties may agree in writing, but not sooner than 
    September 29, 1995.
        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. 10505(d) may 
    be filed at any time. The filing of a petition to revoke will not 
    automatically stay the transaction. Pleadings must be filed with the 
    Commission and served on: John J. Paylor, 2001 Market St., 16A, P.O. 
    Box 41416, Philadelphia, PA 19101-1416.
        As a condition to the use of this exemption, any employees 
    adversely affected by the trackage rights will be protected under 
    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).
    
        Decided: October 6, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-25453 Filed 10-11-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
10/12/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-25453
Pages:
53200-53200 (1 pages)
Docket Numbers:
Finance Docket No. 32780
PDF File:
95-25453.pdf