[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Notices]
[Page 18067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9034]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33733]
CSX Transportation, Inc.--Trackage Rights Exemption--Consolidated
Rail Corporation
Consolidated Rail Corporation (Conrail), has agreed to grant
overhead trackage rights to CSX Transportation, Inc. (CSXT), to operate
its trains, locomotives, cars and equipment with CSXT's own crews over
Conrail's Porter Branch milepost 246.7 at Willow Creek, IN,
and milepost 259.5 at Gibson, IN (CP Ivanhoe), a total
distance of approximately 12.8 miles.1
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\1\ On March 25, 1999, CSXT filed a petition for exemption in
STB Finance Docket No. 33733 (Sub-No. 1), CSX Transportation, Inc.--
Trackage Rights Exemption--Consolidated Rail Corporation, wherein
CSXT requests that the Board permit the proposed overhead trackage
rights arrangement described in the present proceeding to expire on
the Split Date (as described in this decision) or June 30, 1999,
whichever occurs first. That petition will be addressed by the Board
in a separate decision.
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As noted in CSXT's notice of exemption, this trackage rights
arrangement is only temporary. The Conrail trackage that is the subject
of the trackage rights is to be allocated to Conrail's subsidiary, New
York Central Lines LLC, and operated by CSXT, after what is referred to
as the ``Split Date,'' or the date of the division of Conrail's assets,
as authorized by the Board in 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, STB Finance Docket No. 33388 (STB served
July 23, 1998). CSXT states that it expects the Split Date to occur on
June 1, 1999. The parties intend for the trackage rights to terminate
on the Split Date, but if the Split Date does not occur before June 30,
1999, the parties' agreement provides for termination of the trackage
rights on June 30, 1999.
The transaction was scheduled to be consummated on or shortly after
April 1, 1999.
The purpose of the trackage rights is to allow CSXT to qualify its
crew and engine personnel on the trackage that CSXT will operate
following the Split Date of Conrail's rail properties.
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).
This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33733, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW,
Washington, DC 20423-0001. In addition, one copy of each pleading must
be served on Charles M. Rosenberger, Senior Counsel, CSX
Transportation, Inc., 500 Water Street, J-150, Jacksonville, FL 32202.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: April 6, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-9034 Filed 4-12-99; 8:45 am]
BILLING CODE 4915-00-P
