96-23779. CSX Transportation, Inc.Trackage Rights ExemptionNorfolk Southern Railway Company  

  • [Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
    [Notices]
    [Pages 49005-49006]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-23779]
    
    
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    DEPARTMENT OF TRANSPORTATION
    Surface Transportation Board 1
    [STB Finance Docket No. 33075]
    
    
    CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk 
    Southern Railway Company
    
        Norfolk Southern Railway Company (NS) has agreed to grant trackage 
    rights to CSX Transportation, Inc. (CSXT), over approximately 10.5 
    miles of rail
    
    [[Page 49006]]
    
    lines CSXT owns and currently leases to NS, which extends from the 
    western end of the Middlesboro Yard, in Middlesboro, KY, between 
    milepost CV-215 and milepost CV-217, and includes two related branches, 
    the Bennett's Fork Branch between milepost MR-216.1 near Queensbury, 
    KY, and milepost MR-221 near Motch, KY, and the Stony Fork Branch 
    between milepost MS-219 at Stony Fork Junction, KY, and milepost MS-221 
    near Pioneer, KY, including one mile of track leased to Bell County 
    Coal Corporation.2 The trackage rights were to become effective on 
    or after September 5, 1996.
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        \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
    Stat. 803, which was enacted on December 29, 1995, and took effect 
    on January 1, 1996, abolished the Interstate Commerce Commission and 
    transferred certain functions to the Surface Transportation Board 
    (Board). This notice relates to functions that are subject to Board 
    jurisdiction pursuant to 49 U.S.C. 11323-24.
        \2\ NS is granting trackage rights over the same rail lines CSXT 
    leases to NS except for the trackage between milepost CV-217 and 
    milepost CV-219.5 in the vicinity of the Middlesboro Yard, which 
    CSXT does not require for its operations. See Norfolk Southern 
    Railway Company--Lease Exemption--CSX Transportation, Inc., STB 
    Finance Docket No. 32923 (STB served Aug. 6, 1996).
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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. 10502(d) may 
    be filed at any time. The filing of a petition to revoke will not stay 
    the transaction.
        An original and 10 copies of all pleadings, referring to STB 
    Finance Docket No. 33075, must be filed with the Surface Transportation 
    Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
    Avenue, N.W., Washington, DC 20423 and served on: John W. Humes, Jr., 
    CSX Transportation, Inc., 500 Water Street, J-150, Jacksonville, FL 
    32202.
        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).
    
        Decided: September 10, 1996.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 96-23779 Filed 9-16-96; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
09/17/1996
Department:
Transportation Department
Entry Type:
Notice
Document Number:
96-23779
Pages:
49005-49006 (2 pages)
Docket Numbers:
STB Finance Docket No. 33075
PDF File:
96-23779.pdf