[Federal Register: May 5, 1999 (Volume 64, Number 86)]
[Notices]               
[Page 24217-24218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my99-110]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33725 (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. 33725 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.<SUP>1</SUP>
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    \1\ On March 12, 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: (1) Conrail's Olin 
Running Track between the Conrail/CSXT connection at milepost 
0.5<plus-minus> and milepost 0.0<plus-minus>; and (2) Conrail's 
Pekin Running Track between milepost 0.0<plus-minus> and the limits 
of trackage being leased by CSXT at the connection to Conrail's 
Hillery Yard at milepost 1.85<plus-minus> in Danville, IL, a 
distance of approximately 1.9 miles, including necessary head and 
tail room. See CSX Transportation, Inc.--Trackage Rights Exemption--
Consolidated Rail Corporation, STB Finance Docket No. 33725 (STB 
served Apr. 1, 1999). The trackage rights operations under the 
exemption became effective on March 19, 1999, and are subject to 
standard labor protective conditions.
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    As noted by CSXT, this trackage rights arrangement is intended to 
be only temporary. 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.
    Under a separate agreement, CSXT is leasing approximately 18,850 
feet of track in Conrail's Hillery Yard for storage of railroad cars.


[[Page 24218]]


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. 33725 (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: April 28, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-11254 Filed 5-4-99; 8:45 am]
BILLING CODE 4915-00-P