[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29781]


[[Page Unknown]]

[Federal Register: December 5, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32544 (Sub-No. 2)]

 

CSX Transportation, Inc.; Trackage Rights Exemption; Consolidated 
Rail Corporation

    Consolidated Rail Corporation (Conrail) has agreed to grant back to 
CSX Transportation, Inc. (CSXT), trackage rights in Indiana and 
Jefferson Counties, PA, over the portions of the Indiana and Ridge 
Subdivisions that it is acquiring and leasing for a coextensive period 
of time. The trackage rights on the Indiana Subdivision are overhead. 
The trackage rights on the Ridge Subdivision are both overhead and 
local, but the local trackage rights are restricted to limestone, 
limestone substitutes, ammonia, transformers and coal terminating at 
the Keystone Generating Station at Shelocta, PA. The limestone and coal 
transportation will be further restricted to commodities originating at 
quarries or mines served by CSXT or short line railroads connecting 
solely with CSXT, or originating or transloading on The Three Rivers 
Railway, Buffalo & Pittsburgh Railroad, Inc. (B&PR), Allegheny 
Railroad, Beech Mountain Railroad, West Virginia Northern Railroad, Elk 
River Railroad, or Strouds Creek & Muddlety Railroad. No traffic 
originating on lines owned or leased by Conrail may be transported by 
CSXT in local service under these trackage rights. The overhead 
trackage rights are restricted to movements to the portion of the Ridge 
Subdivision between Shelocta and Clarksburg and will terminate if CSXT 
abandons that portion of track.
    The trackage rights qualify under the class exemption procedures of 
49 CFR 1180.2(d)(7), and ordinarily would have become effective 50 days 
after filing. However, they are related to two other transactions that 
applicants simult-aneously seek approval for as one integral 
transaction.1 Accordingly, at applicants' request all three 
proceedings were considered together and the effective date of this 
notice of exemption was necessarily delayed. This notice of exemption 
will become effective on December 5, 1994, as will the related decision 
in Finance Docket No. 32544 and the related notice of exemption in 
Finance Docket No. 32544 (Sub-No. 1).
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    \1\In Finance Docket No. 32544, Conrail proposes to lease from 
CSXT, for a 30-year term with an option to renew for an additional 
30 years, a portion of the Indiana Subdivision from the connection 
with B&PR, at DC Tower (milepost 0.0 at Cloe) to the connection with 
the Ridge Subdivision at Ridge Branch Junction (milepost 26.74). 
Conrail also proposes to purchase from CSXT a portion of the Ridge 
Subdivision, from its connection with the Indiana Subdivision at 
milepost 0.0 to the rail switch into the Keystone electric 
generating plant at milepost 5.83 near Shelocta.
    In Finance Docket No. 32544 (Sub-No. 1) Conrail will acquire 
overhead trackage rights from CSXT on the portion of its Indiana 
Subdivision from its connection with the Ridge Subdivision at Ridge 
Branch Junction (milepost 26.6) near Creekside to a connection to be 
established at a point to be mutually agreed upon between milepost 
41.5 and milepost 44.7 near Josephine. The trackage rights will be 
for a 30-year term with an option to renew for an additional 30 
years and are limited to the movement of limestone, limestone 
substitutes, ammonia, rail materials, transformers, and coal 
terminating at Shelocta.
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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. 10505(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: John J. Paylor, 2001 Market Street--16A, 
Philadelphia, PA 19101-1416.
    As a condition to the use of this exemption, any employees 
adversely affected by the trackage rights will be protected under 
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: November 23, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-29781 Filed 12-2-94; 8:45 am]
BILLING CODE 7035-01-P