[Federal Register Volume 62, Number 196 (Thursday, October 9, 1997)]
[Notices]
[Page 52807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26836]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33465]


CSX Transportation, Inc.--Trackage Rights Exemption--East 
Tennessee Railway, L.P.

    East Tennessee Railway, L.P. (ETRY), has agreed to grant overhead 
trackage rights to CSX Transportation, Inc. (CSXT), over main line 
trackage of ETRY between turnouts to be constructed at a point 
approximately 39 feet west of derail located on ETRY's #2 track and a 
point approximately 80 feet west of the west line of Buffalo Street in 
Johnson City, TN, a total distance of approximately 1,900 feet, 
exclusive of turnouts.1 The transaction is expected to be 
consummated after completion of the construction of two connection 
tracks between CSXT and ETRY, but not earlier than October 2, 1997, the 
effective date of the exemption.
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    \1\  CSXT is acquiring overhead trackage rights only and will 
not be allowed to perform any local freight service of any kind to 
ETRY's patrons at any point located on the joint trackage.
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    The purpose of the proposed trackage rights is to allow CSXT to 
rationalize approximately 1,900 feet of its trackage through Cherry 
Street in downtown Johnson City, TN, which is a high maintenance and 
high risk area in the City.
    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).
    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 
automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33465, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001 and served on: Charles M. Rosenberger, Senior 
Counsel, CSX Transportation, Inc., 500 Water Street, J-150, 
Jacksonville, FL 32202.

    Decided: October 2, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-26836 Filed 10-8-97; 8:45 am]
BILLING CODE 4915-00-P