[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Notices]
[Page 40880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19932]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32923]


Norfolk Southern Railway Company--Lease Exemption--CSX 
Transportation, Inc.

AGENCY: Surface Transportation Board, DOT.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323.
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ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board exempts, from the prior 
approval requirements of 49 U.S.C. 11323-25, the lease by Norfolk 
Southern Railway Company (NSR) of approximately 13 miles of rail line 
from CSX Transportation, Inc. (CSXT), subject to standard labor 
protective conditions. The line to be leased extends from the western 
end of Middlesboro Yard at milepost CV-215 to the eastern end of CSXT's 
tunnel at Cumberland Gap, TN, at milepost CV-219.5, and includes two 
related branches, the Bennett's Fork Branch between milepost MR-216.1 
near Queensbury, KY, and milepost MR-221, near Motch, KY, and the Stony 
Fork Branch between milepost MS-219 at Stony Fork Junction, KY, and 
milepost MS-221, near Pioneer, KY (including one mile of track leased 
to Bell County Coal Corporation). NSR has agreed to grant back trackage 
rights so that CSXT may continue to serve shippers on these lines.

DATES: This exemption will be effective September 5, 1996. Petitions to 
stay must be filed by August 21, 1996. Petitions to reopen must be 
filed by September 3, 1996.

ADDRESSES: Send pleadings referring to STB Finance Docket No. 32923 to: 
(1) Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423; and (2) 
Petitioners' representatives: James R. Paschall, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510-2191, and John 
Humes, Jr., CSX Transportation, Inc., 500 Water St. J-150, 
Jacksonville, FL 32202.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for 
the hearing impaired: (202) 927-5721.]

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., Room 2229, 1201 
Constitution Avenue, N.W., Washington, DC 20423. Telephone: (202) 289-
4357/4359. [Assistance for the hearing impaired is available through 
TDD services (202) 927-5721.]

    Decided: July 30, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-19932 Filed 8-5-96; 8:45 am]
BILLING CODE 4915-00-P