[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29780]
[[Page Unknown]]
[Federal Register: December 5, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32544 (Sub-No. 1)]
Consolidated Rail Corporation, Trackage Rights Exemption, CSX
Transportation, Inc.
CSX Transportation, Inc. (CSXT), has agreed to grant overhead
trackage rights to Consolidated Rail Corporation (Conrail) on a portion
of its Indiana Subdivision in Indiana and Jefferson Counties, PA, from
its connection with the Ridge Subdivision at Ridge Branch Junction
(milepost 26.6) near Creekside to a connection to be established at a
point to be mutually agreed upon between milepost 41.5 and milepost
44.7 near Josephine. The trackage rights agreement provides for a 30-
year term and a 30-year renewal option and is limited to the movement
of limestone, limestone substitutes, ammonia, rail materials,
transformers, and coal terminating at the Keystone Generating Station
(Keystone) at Shelocta, PA.
The trackage rights qualify under the class exemption procedures of
49 CFR 1180.2(d)(7) and ordinarily would have become effective 50 days
after filing. However, they are related to two other transactions that
applicants simultane-ously seek approval for as one integral
transaction.1 Accordingly, at applicants' request all three
proceedings were considered together and the effective date of this
notice of exemption necessarily was delayed. This notice of exemption
will become effective on December 5, 1994, as will the related decision
in Finance Docket No. 32544 and the related notice of exemption in
Finance Docket No. 32544 (Sub-No. 2).
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\1\In Finance Docket No. 32544, Conrail proposes to lease from
CSXT, for a 30-year term with an option to renew for an additional
30 years, a portion of the Indiana Subdivision from the connection
with Buffalo & Pittsburgh Railroad, Inc. (B&PR), at DC Tower
(milepost 0.0 at Cloe) to the connection with the Ridge Subdivision
at Ridge Branch Junction (milepost 26.74). Conrail also proposes to
purchase from CSXT a portion of the Ridge Subdivision, from its
connection with the Indiana Subdivision at milepost 0.0 to the rail
switch into the Keystone electric generating plant at milepost 5.83
at Shelocta.
In Finance Docket No. 32544 (Sub-No. 2), Conrail will grant back
to CSXT, for a coextensive period of time, trackage rights over the
Indiana and Ridge Subdivisions that it is acquiring and leasing in
Finance Docket No. 32544. The trackage rights on the Indiana
Subdivision are overhead. The trackage rights on the Ridge
Subdivision are both overhead and local, but the local trackage
rights are restricted to limestone, limestone substitutes, ammonia,
transformers and coal terminating at Keystone. The limestone and
coal transportation will be further restricted to commodities
originating at quarries or mines served by CSXT or short line
railroads connecting solely with CSXT, or originating or
transloading on The Three Rivers Railway, B&PR, Allegheny Railroad,
Beech Mountain Railroad, West Virginia Northern Railroad, Elk River
Railroad, or Strouds Creek & Muddlety Railroad. No traffic
originating on lines owned or leased by Conrail may be transported
by CSXT in local service under these trackage rights. The overhead
trackage rights are restricted to movements to the portion of the
Ridge Subdivision between Shelocta and Clarksburg and will terminate
if CSXT abandons that portion of track.
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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 Street--16A,
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: November 23, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-29780 Filed 12-2-94; 8:45 am]
BILLING CODE 7035-01-P
