[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Notices]
[Page 53200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25453]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32780]


Consolidated Rail Corporation--Trackage Rights Exemption-- 
Norfolk and Western Railway Company

    Norfolk and Western Railway Company (NW) has agreed to grant 
overhead and local trackage rights to Consolidated Rail Corporation 
(Conrail) as follows: (1) Overhead trackage rights between milepost 
441.8 at Tolleston, IN, and the NW/Conrail property line at 
``CP Mike'', milepost 319.2 at Ft. Wayne, IN, with the 
additional right to enter and exit the trackage at the connection with 
Conrail's Marion Branch, milepost 358.63 of NW's line, and 
the right to enter and exit the Warsaw Passing Track (ZTS 211), 
milepost 358.63, and Conrail's West Industrial Track 
(Donnelley Siding, ZTS 208/210), milepost 359.68, for the 
purpose of setting off and picking up cars moving to and from customers 
located within the local trackage rights area at Warsaw, IN; and (2) 
local trackage rights between milepost 356.5 and milepost 
361.7 at Warsaw, with the right to enter and exit the 
trackage at the connection with Conrail's Marion Branch, milepost 
358.63 of NW's line, at switch connection to Conrail's 
Engine Storage Siding, milepost 358.26, and at those 
switches necessary to access Conrail's tracks and to serve Conrail's 
customers between milepost 358.7 and milepost 
361.7, at Warsaw (Conrail shall have the right to use the 
trackage between these points--including incidental headroom and 
tailroom--for the purpose of switching and moving cars to and from 
Conrail's tracks and Conrail's customers located between milepost 
358.7 and milepost 361.7 and for the storage of 
equipment on the Warsaw Passing Track (ZTS 211) and Engine Storage 
Track (ZTS 817)).1 The involved trackage totals approximately 
125.78 miles in length.

    \1\The rail lines involved were formerly owned by Conrail (Fort 
Wayne Secondary). In Norfolk and Western Railway Company--Purchase 
and Operation Exemption--Consolidated Rail Corporation Between Fort 
Wayne and Warsaw, IN, Finance Docket No. 32736 (ICC served Aug. 29, 
1995), NW acquired 3 line segments, totaling approximately 50.15 
miles. Norfolk Southern Corporation, through the offer of financial 
assistance procedures, acquired approximately 17.8 and 61 miles, 
respectively, in Consolidated Rail Corporation--Abandonment 
Exemption--Between Valparaiso and Gary, IN, Docket No. AB-167 (Sub-
No. 1109X) (ICC served June 3, 1993) and Consolidated Rail 
Corporation--Abandonment Between Warsaw and Valparaiso, In 
Kosciusko, Marshall, Starke, La Porte and Porter Counties, IN, 
Docket No. AB-167 (Sub-No. 1125) (ICC served Mar. 14, 1994).
    Conrail is restricted from using the trackage rights for the 
purpose of switching, storage of cars, or the making or breaking up 
of trains, except as set out in the trackage rights agreement.
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    The proposed transaction will allow Conrail to continue to serve 
its customers located within the local trackage area and to use the 
trackage for overhead movements. The trackage rights will take effect 
on such date as the parties may agree in writing, but not sooner than 
September 29, 1995.
    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 St., 16A, P.O. 
Box 41416, 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: October 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25453 Filed 10-11-95; 8:45 am]
BILLING CODE 7035-01-P