[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Notices]
[Pages 39185-39186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18330]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33778]
Louisville & Indiana Railroad Company--Trackage Rights
Exemption--New York Central Lines, LLC and CSX Transportation,
Inc.1
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\1\ By decision served July 23, 1998, the Board approved,
subject to certain conditions, the acquisition of control of
Conrail, and the division of the assets thereof, by CSX Corporation
and CSX Transportation, Inc. (referred to collectively as CSX) and
Norfolk Southern Corporation and Norfolk Southern Railway Company
(referred to collectively as NS). See 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, Decision No. 89 (STB served July 23, 1998). Acquisition
of control of Conrail was effected by CSX and NS on August 22, 1998.
The division of the assets of Conrail was effected by CSX and NS on
June 1, 1999. See 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,
Decision No. 127 (STB served May 20, 1999).
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New York Central Lines, LLC (NYC), as owner, and CSX
Transportation, Inc. (CSXT), as operator, have agreed to grant overhead
trackage rights to Louisville & Indiana Railroad Company (L&I) as
follows: (1) Approximately 5.5 miles over NYC main line, former
Consolidated Rail Corporation (CRC) Louisville Secondary, (a) from the
connection between NYC and L&I milepost 4.0 +/-at Indianapolis, IN, and
the connection in the southeast quadrant of the former Indianapolis
Union Belt running track (former Indiana Union Belt Railroad) milepost
6.0 +/-known as Dale, a distance of approximately 2.7 miles; and (b)
from this connection in the southeast quadrant of running track in the
vicinity of the former Indianapolis Union Belt Railroad milepost 6.0 +/
-and the entrance to Hawthorne Yard at or near milepost 8.8 +/-, a
distance of approximately 2.8 miles; and (2) approximately 7.8 miles
over NYC main line, former CRC Louisville Secondary, (a) from the
connection between NYC
[[Page 39186]]
and L&I milepost 4.0 +/-at Indianapolis, IN, and the connection in the
northeast quadrant of former CRC Indianapolis Line milepost 283.7 +/-,
a distance of approximately 4 miles; (b) from this connection milepost
283.7 +/-of the former Indianapolis Line and milepost 283.1
+/-of the former CRC Indianapolis Line, a distance of approximately 0.6
miles; (c) from CRC Indianapolis Line milepost 283.1
+/-connection to milepost 109.3 +/-of the former CRC Shelbyville
Secondary and from this connection in the former CRC Shelbyville
Secondary milepost 109.3 +/-and CRC Shelbyville Secondary milepost
106.9 +/-, a distance of approximately 2.4 miles; and (d) from CRC
Shelbyville Secondary milepost 106.9 +/-connection to former
Indianapolis Union Belt running track milepost 8 +/-in the southeast
quadrant and from this connection to former Indianapolis Union Belt
running track milepost 8 +/-and the entrance to Hawthorne Yard in the
northeast quadrant at or near milepost 8.8 +/-of the Indianapolis Union
Belt running track, a distance of approximately 0.8 miles.2
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\2\ A redacted version of the Trackage Rights Agreement among
L&I, NYC, and CSXT was filed with the notice of exemption. The full
version of the agreement was concurrently filed under seal, along
with a motion for a protective order which was granted in a separate
decision.
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The transaction was scheduled to be consummated on or after July 8,
1999, the effective date of the exemption.
The purpose of the trackage rights is to permit L&I to interchange
certain traffic with the Norfolk Southern Railway Company at Hawthorne
Yard, thereby promoting operating efficiencies.
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. 33778, 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 Rose-Michele Weinryb, Esq., Weiner, Brodsky, Sidman &
Kider, P.C., 1350 New York Avenue, NW, Suite 800, Washington, DC 20005-
4797.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18330 Filed 7-20-99; 8:45 am]
BILLING CODE 4915-00-P
