[Federal Register: April 19, 1999 (Volume 64, Number 74)]
[Notices]               
[Page 19215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap99-118]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33721]

 
Norfolk Southern Railway Company and The Cincinnati, New Orleans 
& Texas Pacific Railway Company--Trackage Rights Exemption--
Consolidated Rail Corporation, at Columbus, OH

    Consolidated Rail Corporation (CRC) has agreed to grant overhead 
trackage rights <SUP>1</SUP> to Norfolk Southern Railway Company, on 
behalf of itself and its wholly owned subsidiary The Cincinnati, New 
Orleans & Texas Pacific Railway Company (collectively referred to as 
NS), over a total distance of approximately 5.4 miles of CRC's lines at 
Columbus, Franklin County, OH, as follows: (1) between approximately 
milepost CP-134.3, at Clintonville Connection, and the connection 
between the parties at approximately milepost 138.0, at CP 138 near 
Scioto, a distance of approximately 3.7 miles on CRC's Columbus Line; 
and (2) between approximately milepost 138.0, at CP 138, and 
approximately milepost 139.7, in the vicinity of Auburn Switch, a 
distance of approximately 1.7 miles on CRC's Cincinnati Line. 
<SUP>2</SUP>
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    \1\ These trackage rights extend a trackage rights arrangement 
previously exempted by the Board on a line between Columbus and 
Cincinnati, OH. See Norfolk and Western Railway Company and The 
Cincinnati, New Orleans and Texas Pacific Railway Company--Trackage 
Rights Exemption--Consolidated Rail Corporation, Finance Docket No. 
32843 (STB served Jan. 24, 1996). The trackage rights will permit NS 
to utilize its newly constructed and more efficient Clintonville 
Connection.
    \2\ As part of the transaction approved by the Board in CSX 
Corporation and CSX Transportation, Inc., Norfolk Southern 
Corporation and Norfolk Southern Railway Company--Control and 
Operating Leases/Agreements, STB Finance Docket No. 33388 (STB 
served July 23, 1998) (Decision No. 89), NS was authorized to obtain 
trackage rights over the portion of the line between milepost CP-
134.3 and milepost CP-138.0 and was authorized to operate over the 
portion of the line between milepost CP-138.0 and milepost CP-139.7. 
Thus, once NS acts on those authorizations, which the applicants in 
STB Finance Docket No. 33388 have projected to be on approximately 
June 1, 1999, the trackage rights included in this notice will no 
longer be required, but NS will continue to provide service over 
these lines after that date pursuant to the other authorizations in 
Decision No. 89.
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    The transaction is scheduled to be consummated on or after April 
14, 1999.
    The trackage rights will permit NS to move overhead traffic more 
safely, efficiently, and quickly through the Columbus area.
    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. 33721, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on James R. Paschall, Esq., Norfolk Southern Railway Company, 
Three Commercial Place, Norfolk, VA 23510-2191.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 13, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-9741 Filed 4-16-99; 8:45 am]
BILLING CODE 4915-00-P