[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Notices]
[Pages 37331-37332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18221]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 1)]
CSX Transportation, Inc.; Construction and Operation Exemption;
Connection Track at Crestline, OH
CSX Transportation, Inc. (CSXT) and Consolidated Rail Corporation
(CRC) have filed a notice of exemption under 49 CFR 1150.36 to
construct a connection track between two CRC main lines in the NW
Quadrant. The connection will extend approximately 1,507 feet between
approximately milepost 75.4 on CRC's North-South main line between
Greenwich, OH, and Indianapolis, IN, and approximately milepost 188.8
on CRC's East-West main line between Pittsburgh and Ft. Wayne, IN.
1
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\1\ This proceeding is related to STB Finance Docket No. 33388,
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 (CSX/NS/CR). In CSX/NS/CR, Decision No. 9, served June
12, 1997, the Board granted the applicants' Petition for Waiver,
allowing CSXT and CRC to seek approval for construction of four
``first day'' connections, including this proposed connection at
Crestline, OH, prior to Board approval of the Primary Control
Application. CSXT filed a notice of exemption to construct and
operate a connection track in Crestline, as a related filing in
Volume 5 of the primary application filed on June 23, 1997, in the
CSX/NS/CR proceeding. See CSX/NS-22 (Volume 5) at 94. CSXT and CRC
concurrently filed a slightly modified version of the notice of
exemption for construction of a connection track in Crestline (CSX-
5). The Board will consider both filings in tandem. As the Board
stated in CSX/NS/CR, Decision No. 9, at 6-7:
* * * in reviewing these projects separately, we will consider
the regulatory and environmental aspects of these proposed
constructions and applicants' proposed operations over these lines
together in the context of whether to approve each individual
physical construction project. The operational implications of the
merger as a whole, including operations over the * * * construction
projects, will be examined in the context of the [Environmental
Impact Statement] EIS that we are preparing for the overall merger.
* * * No rail operations can begin over these (four CSX connections)
until completion of the EIS process and issuance of a further
decision.
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Construction is scheduled to begin on or about 90 days after the
filing date of this notice, but not before the effective date of the
exemption, which is 70 days after publication of this notice in the
Federal Register, unless stayed.
The Board's Section of Environmental Analysis (SEA) will analyze
the potential environmental impact of this proposed construction and
operation, which is addressed in the environmental documents prepared
in the primary application in STB Finance Docket No. 33388. The
environmental report covering the proposed construction and operation
of the connection track at Crestline is contained in the Environmental
Report filed with the Board in STB Finance Docket No. 33388. In
addition, as the Board required in CSX/NS/CR, Decision No. 9, CSX must
submit, no later than September 5, 1997 (Day F+75), a preliminary draft
environmental assessment (PDEA) for each individual construction
project covered by the Board's waiver decision. Each PDEA must comply
with all of the requirements for environmental reports contained in the
environmental rules at 49 CFR 1105.7. Also, the PDEA must be based on
consultations with SEA and the federal, state, and local agencies set
forth in 49 CFR 1105.7(b), as well as other appropriate parties. If a
PDEA is insufficient, the Board may require additional environmental
information or reject the document. See CSX/NS/CR, Decision No. 9, at
8.
As part of the environmental review process, SEA will independently
verify the information contained in each PDEA, conduct further
independent analysis, as necessary, and develop appropriate
environmental mitigation measures. For each project, SEA plans to
prepare an EA, which will be served on the public for its review and
comment. The public will have 20 days to comment on the EA, including
the proposed environmental mitigation measures. After the close of the
public comment period, SEA will prepare Post Environmental Assessments
(Post EAs) containing SEA's final recommendations, including
appropriate environmental mitigation. Id. at 8. The effective date of
this exemption may be stayed pending consideration of the environmental
record and completion of the environmental process.
Should the Board determine that the Crestline construction project
could potentially cause, or contribute to, significant environmental
impacts, then the project will be incorporated into the EIS for the
proposed control transaction in STB Finance Docket No. 33388, CSX/NS/
CR. Id. at 8. The Board's consideration of this construction project
does not, and will not, in any way, constitute approval of, or even
[[Page 37332]]
indicate any consideration on our part respecting approval of, the
primary application in STB Finance Docket No. 33388.
This exemption will be effective on September 19, 1997, unless
stayed. Petitions to stay the effective date of this notice on any
grounds must be filed by July 21, 1997. Petitions for reconsideration
must be filed by July 31, 1997.
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. 33388 (Sub-No. 1), must be filed with the Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, N.W., Washington, DC 20423-0001 and served on: Dennis G.
Lyons, Arnold & Porter, 555 Twelfth Street, N.W., Washington, DC 20004-
1206. Parties to STB Finance Docket No. 33388 will not be automatically
placed on the service list for this proceeding.
Decided: July 3, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-18221 Filed 7-10-97; 8:45 am]
BILLING CODE 4915-00-P
