[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Pages 49005-49006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23779]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 33075]


CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk 
Southern Railway Company

    Norfolk Southern Railway Company (NS) has agreed to grant trackage 
rights to CSX Transportation, Inc. (CSXT), over approximately 10.5 
miles of rail

[[Page 49006]]

lines CSXT owns and currently leases to NS, which extends from the 
western end of the Middlesboro Yard, in Middlesboro, KY, between 
milepost CV-215 and milepost CV-217, 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.2 The trackage rights were to become effective on 
or after September 5, 1996.
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    \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. 11323-24.
    \2\ NS is granting trackage rights over the same rail lines CSXT 
leases to NS except for the trackage between milepost CV-217 and 
milepost CV-219.5 in the vicinity of the Middlesboro Yard, which 
CSXT does not require for its operations. See Norfolk Southern 
Railway Company--Lease Exemption--CSX Transportation, Inc., STB 
Finance Docket No. 32923 (STB served Aug. 6, 1996).
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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. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not stay 
the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33075, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: John W. Humes, Jr., 
CSX Transportation, Inc., 500 Water Street, J-150, Jacksonville, FL 
32202.
    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).

    Decided: September 10, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23779 Filed 9-16-96; 8:45 am]
BILLING CODE 4915-00-P