[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Notices]
[Page 42460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20844]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 1
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took 
effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) 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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[STB Finance Docket No. 32957]


Norfolk and Western Railway Company--Acquisition Exemption--
Consolidated Rail Corporation

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: The Board exempts, under 49 U.S.C. 10502, from the prior 
approval requirements of 49 U.S.C. 11323-25, the acquisition 2 by 
Norfolk and Western Railway Company (NW) of a portion of Consolidated 
Rail Corporation's (Conrail) Pekin Secondary Track,3 between 
milepost 28.5, at Urbana, and milepost 78.3, at Bloomington, in 
Champaign, Dewitt, and McLean Counties, IL, totaling 49.8 miles, 
subject to standard employee protective conditions. The exemption 
includes the acquisition, through assignment from Conrail, of trackage 
rights 4 between NW milepost 373.54, at Bloomington, and NW 
milepost 410.72, at Peoria, IL, totaling 37.18 miles.5
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    \2\ NW seeks an exemption both to acquire and to operate, and 
the petition is styled accordingly. While an exemption from the 
requirements of 49 U.S.C. 11323-25 for NW's acquisition and 
operation is consistent with the standards of 49 U.S.C. 10502, we 
note that NW requires neither separate authority nor an exemption to 
operate the line being acquired. When a rail carrier petitioned for 
an exemption to acquire or lease a rail line from another rail 
carrier under former 49 U.S.C. 11343 of the Interstate Commerce Act, 
the ICC normally also exempted the operation of the line, if 
requested, but the exemption to operate was not necessary. The 
status of the purchaser or lessor, as a carrier, coupled with the 
purchase agreement or lease, constituted sufficient authority to 
conduct operations. Similarly, authority or an exemption for a 
carrier to acquire or lease a line under 49 U.S.C. 11323-25 of the 
ICCTA provides the necessary authority to conduct operations.
    \3\ Conrail filed a notice of exemption to abandon the portion 
of the Pekin Secondary Track between milepost 4.00 and milepost 
28.50 in Consolidated Rail Corporation--Abandonment Exemption--in 
Vermilion and Champaign Counties, IL, STB Docket No. AB-167 (Sub-No. 
1161X) (STB served June 28, 1996). The abandonment exemption is 
contingent upon the issuance of an exemption in this proceeding and 
upon NW's acquisition of the line pursuant to that exemption.
    On July 8, 1996, Grand Prairie Co-op, Inc. (Grand Prairie), 
filed a notice of intent to file an offer of financial assistance 
(OFA) under 49 CFR 1152.27(c)(2) for a portion of the line involved 
in STB Docket No. AB-167 (Sub-No. 1161X). Also on July 8, 1996, the 
Illinois Legislative Director for the United Transportation Union 
(UTU) filed a petition for stay of the abandonment exemption. On 
July 17, 1996, Conrail replied to UTU's stay request. On July 18, 
1996, UTU filed a petition to reject or to revoke the notice of 
exemption, which UTU states is a supplement to its July 8 petition 
to stay. On July 23, 1996, Grand Prairie filed a petition requesting 
the Board to toll the 30-day period for filing its OFA or, in the 
alternative, to deny the exemption in STB Finance Docket No. 32957. 
On July 26, 1996, Conrail replied to UTU's petition to reject or 
revoke. By decision served August 2, 1996, the time for filing OFAs 
was extended to August 12, 1996, and the effectiveness of the 
exemption in STB Docket No. AB-167 (Sub-No. 1161X) was extended to 
August 22, 1996.
    \4\ These trackage rights were acquired by Conrail from NW in 
Consolidated Rail Corporation--Trackage Rights Exemption--Between 
Bloomington and Peoria, IL, Finance Docket No. 30311 (ICC served 
Dec. 12, 1983), to allow abandonment of Conrail's parallel line, 
which served no local customers and was in need of rehabilitation. 
Upon conveyance of these trackage rights to NW, the owner of the 
line, the trackage rights will effectively merge with NW's ownership 
and cease to exist as separate rights.
    \5\ By letter to the Board dated July 12, 1996, petitioner 
corrected an error in the milepost description of the trackage 
rights. The original notice in Finance Docket No. 30311 and the 
petition for exemption in this proceeding stated that the trackage 
rights were over 38.18 miles of track, instead of the actual mileage 
between the mileposts, which is 37.18 miles.

DATES: This exemption is effective on August 30, 1996. Petitions to 
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reopen must be filed by September 9, 1996.

ADDRESSES: Send pleadings referring to STB Finance Docket No. 32957 to: 
(1) Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Avenue, NW., Washington, DC 20423; (2) John 
J. Paylor, Two Commerce Square-16A, 2001 Market Street, Philadelphia, 
PA 19101-1416; and (3) Robert J. Cooney, Three Commercial Place, 
Norfolk, VA 23510-2191.

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, NW., Washington, DC 20423. Telephone: (202) 289-
4357/4359. [Assistance for the hearing impaired is available through 
TDD services (202) 927-5721.]

    Decided: August 9, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20844 Filed 8-14-96; 8:45 am]
BILLING CODE 4915-00-P