[Federal Register Volume 63, Number 205 (Friday, October 23, 1998)]
[Notices]
[Pages 56965-56966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28604]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33660]
Wheeling & Lake Erie Railway Company, Consolidated Rail
Corporation, and CSX Transportation, Inc.--Joint Relocation Project
Exemption--in New London and Greenwich, OH
Wheeling & Lake Erie Railway Company (W&LE), Consolidated Rail
Corporation (Conrail), and CSX Transportation, Inc. (CSXT), have
jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to enter
into a project involving the relocation of W&LE's line of railroad
between New London and Greenwich, OH. The relocation will facilitate
more efficient train operations and allow for the removal of
unnecessary and duplicative trackage. The proposed transaction was
scheduled to take place no sooner than October 2, 1998.
W&LE is a Class II rail carrier operating approximately 850 miles
of rail line in 4 states. Conrail is a Class I rail carrier operating
approximately
[[Page 56966]]
10,500 miles of rail line in 13 states and the District of Columbia.
CSXT is a Class I rail carrier operating approximately 18,504 miles of
rail line in 20 states, the District of Columbia, and Ontario, Canada.
1
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\1\ See CSX Corporation and CSX Transportation, Inc., Norfolk
Southern Corporation and Norfolk Southern Railway Company--Control
and Operating Lease/Agreements--Conrail Inc. and Consolidated Rail
Corporation, STB Finance Docket No. 33388 [Decision No. 88] (served
June 19, 1998).
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W&LE proposes to: (1) Acquire overhead trackage rights over a
Conrail line between New London and Greenwich; (2) acquire overhead
trackage rights over a short segment of CSXT's line which connects with
Conrail's line and W&LE's line at Greenwich; (3) construct a short
connecting track between its line and Conrail's line at New London to
permit operation of the trackage rights; and (4) abandon its own line
between New London and Greenwich.2 There are no active
shippers located on the line to be abandoned.
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\2\ The trackage rights to be acquired by W&LE include use of
the connection to be constructed in the northwest quadrant of the
intersection of Conrail's line and CSXT's line at Greenwich. The
construction of that connection was authorized by the Board in STB
Finance Docket No. 33388 (Sub-No. 3), decision served November 25,
1997.
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Under the joint agreement, W&LE will have the right to operate its
trains over Conrail's line between Conrail milepost 47.0 at New London
and CSXT's milepost BG 193.23 at Greenwich, a distance of approximately
7.85 miles.3 W&LE and Conrail will install turnouts and
connecting track totaling approximately 1,100 feet in the southeast
quadrant of the intersection of Conrail's line and W&LE's line at New
London. W&LE will maintain its existing interchange with CSXT at
Greenwich.
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\3\ Under the plan for allocating certain assets of Conrail
between CSXT and Norfolk Southern as approved by the Board,
Conrail's line between New London and Greenwich will be allocated to
New York Central LLC and will be operated by CSXT.
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The proposed relocation project will permit the consolidation of
parallel rail operations onto Conrail's and CSXT's existing lines,
which have adequate capacity to handle the traffic of both parties.
W&LE will benefit by saving the cost of maintaining and rehabilitating
its line, including the cost of maintaining and rehabilitating the
existing diamond at New London that will be eliminated as a result of
this project. W&LE will also benefit by reusing the rail and obtaining
the net proceeds from salvage of its own line. The relocation of W&LE's
operations will facilitate construction of the connection between
CSXT's line and Conrail's line at Greenwich.
The Board will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the removal of track affects service
to shippers or the construction of new track involves expansion into a
new territory. See City of Detroit v. Canadian National Ry. Co., et
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation
projects may embrace trackage rights transactions such as the one
involved here. See D.T.&I.R.--Trackage Rights, 363 I.CC. 878 (1981).
Under these standards, the incidental abandonment, construction, and
trackage rights components require no separate approval or exemption
when the relocation project, as here, will not disrupt service to
shippers and thus qualifies for the class exemption at 49 CFR
1180.2(d)(5).
As a condition to this exemption, any employees affected by the
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).
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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33660, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on: William C. Sippel, Two Prudential Plaza, 45th Floor, 180
North Stetson Avenue, Chicago, IL 60601-6710; Charles M. Rosenberger,
500 Water Street, J150, Jacksonville, FL 32202; and John J. Paylor,
2001 Market Street, P.O. Box 41416, Philadelphia, PA 19101-1416.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: October 16, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-28604 Filed 10-22-98; 8:45 am]
BILLING CODE 4915-00-P
