[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: 94-29781]
[[Page Unknown]]
[Federal Register: December 5, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32544 (Sub-No. 2)]
CSX Transportation, Inc.; Trackage Rights Exemption; Consolidated
Rail Corporation
Consolidated Rail Corporation (Conrail) has agreed to grant back to
CSX Transportation, Inc. (CSXT), trackage rights in Indiana and
Jefferson Counties, PA, over the portions of the Indiana and Ridge
Subdivisions that it is acquiring and leasing for a coextensive period
of time. 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
the Keystone Generating Station at Shelocta, PA. 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, Buffalo & Pittsburgh Railroad, Inc. (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.
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 simult-aneously 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 was necessarily 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. 1).
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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 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 near Shelocta.
In Finance Docket No. 32544 (Sub-No. 1) Conrail will acquire
overhead trackage rights from CSXT on the portion of its Indiana
Subdivision 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 will be
for a 30-year term with an option to renew for an additional 30
years and are limited to the movement of limestone, limestone
substitutes, ammonia, rail materials, transformers, and coal
terminating at Shelocta.
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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. 94-29781 Filed 12-2-94; 8:45 am]
BILLING CODE 7035-01-P
