[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27851-27852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12872]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33724]
CSX Transportation, Inc.--Trackage Rights Exemption--Consolidated
Rail Corp.
Consolidated Rail Corporation (Conrail) has agreed to grant
overhead trackage rights to CSX Transportation, Inc. (CSXT), over main
line trackage of Conrail between the connection of the parties at Town
Tower, Hagerstown, MD, at or near milepost CR-73.7 to the Conrail
connection at CP Ship, at or near milepost CR-40.1, including necessary
head and tail room, and thence to the connection point between the
parties at Lurgan, PA, at or near milepost CR-42.2. These trackage
rights include the right for CSXT to enter or exit the trackage at the
connection of the parties at Chambers 5 Industrial Park, Chambersburg,
PA, at or near milepost CR-53.0, including sufficient operating head
room for CSXT trains to access the Industrial Park. The total distance
of the trackage rights is 35.7 miles in Washington County, MD, and
Franklin County, PA.1
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\1\ The line in question will be allocated to Pennsylvania
Lines, LLC, and operated by Norfolk Southern Railway Company (NSR)
upon the division of Conrail's assets between CSXT and NSR pursuant
to 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). Accordingly, NSR has participated in the negotiations for
these trackage rights and has agreed to its terms.
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The purpose of the trackage rights is to allow CSXT to reroute all
traffic currently moving over its own line through downtown
Chambersburg and, therefore, eliminate a number of at-grade crossings
and improve safety in Chambersburg.2 However, before these
trackage rights can be implemented by CSXT, Conrail must make over $8
million in rail and signal improvements on its line that will allow for
faster and more efficient operations. Accordingly, consummation will
not occur until these improvements are made. The earliest the
transaction could have been consummated was May 10, 1999, the effective
date of the exemption (7 days after the exemption was filed.)
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\2\ This proceeding is related to CSX Transportation, Inc.--
Abandonment Exemption--in Franklin County, PA, STB Docket No. AB-55
(Sub-No. 568X) (STB served Mar. 9, 1999), in which the Board
exempted under 49 U.S.C. 10502 from prior approval requirements of
49 U.S.C. 10903 the abandonment by CSXT of its rail line between 4th
Street and Commerce Street in Chambersburg, subject to public use,
trail use, and standard employee protective conditions. Subsequent
to the March 9 decision, an offer of financial assistance was filed
by Frederick A. Fox, Kaye A. Fox, Frederick Armstrong Fox and Karla
M. Fox (the offerors). CSXT has agreed to sell the line between Main
Street and South Street to the offerors once the trackage rights
involved in this proceeding have been implemented. By decision
served May 7, 1999, the acquisition was authorized.
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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. 33724, 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, a copy of each
[[Page 27852]]
pleading must be served on Charles M. Rosenberger, CSX Transportation,
Inc., 500 Water Street (J150), Jacksonville, FL 32202.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: May 14, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-12872 Filed 5-20-99; 8:45 am]
BILLING CODE 4915-00-P
