[Federal Register: May 7, 1999 (Volume 64, Number 88)]
[Notices]
[Page 24711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my99-144]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33733 (Sub-No. 1)]
CSX Transportation, Inc.--Trackage Rights Exemption--Consolidated
Rail Corporation
AGENCY: Surface Transportation Board.
ACTION: Notice of exemption.
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SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights
described in STB Finance Docket No. 33733 to permit the trackage rights
to expire on the Split Date (as described in this decision) or June 30,
1999, whichever occurs first, in accordance with the agreement of the
parties. 1
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\1\ On March 25, 1999, CSX Transportation, Inc. (CSXT) filed a
notice of exemption under the Board's class exemption procedures at
49 CFR 1180.2(d)(7). The notice covered the agreement by
Consolidated Rail Corporation (Conrail) to grant temporary overhead
trackage rights to CSXT, to operate its trains, locomotives, cars
and equipment with CSXT's own crews, over Conrail's Porter Branch
between milepost 246.7 at Willow Creek, IN, and milepost
259.5 at Gibson, IN (CP Ivanhoe), a total distance of
approximately 12.8 miles. See CSX Transportation, Inc.--Trackage
Rights Exemption-- Consolidated Rail Corporation, STB Finance Docket
No. 33733 (STB served Apr. 13, 1999). The trackage rights operations
under the exemption became effective on April 1, 1999, and are
subject to standard labor protective conditions.
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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.
DATES: This exemption will be effective on June 1, 1999.
Petitions to reopen must be filed by May 25, 1999.
ADDRESSES: An original and 10 copies of all pleadings referring to STB
Finance Docket No. 33733 (Sub-No. 1) must be filed with the Office of
the Secretary, Surface Transportation Board, Case Control Unit, 1925 K
Street, N.W., Washington, DC 20423-0001. In addition, a copy of all
pleadings must be served on petitioner's representative Charles M.
Rosenberger, Senior Counsel, CSX Transportation, Inc., 500 Water
Street, J-150, Jacksonville, FL 32202.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600. [TDD
for the hearing impaired (202) 565-1695.]
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision. To purchase a copy of the full decision, write to,
call, or pick up in person from: DC NEWS & DATA, INC., Suite 210, 1925
K Street, N.W., Washington, DC 20006. Telephone: (202) 289-4357.
[Assistance for the hearing impaired is available through TDD services
(202) 565-1695.]
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: May 3, 1999.
By the Board, Chairman Morgan, Vice Chairman Clyburn and
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-11567 Filed 5-6-99; 8:45 am]
BILLING CODE 4915-00-P