[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Pages 32910-32911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15974]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33599]


Consolidated Rail Corporation--Trackage Rights Exemption--
Delaware and Hudson Railway Company, Inc.

    Delaware and Hudson Railway Company, Inc. (DHC) has agreed to grant 
overhead trackage rights to Consolidated Rail Corporation (Conrail) 
over certain railroad trackage, being a portion of the Taylor 
Secondary, Keyser Valley Industrial Track, and Wye Track, in Lackawanna 
County, PA, as follows: (1) the railroad tracks and appurtenant devices 
and facilities on the Taylor Secondary in Taylor Yard between Railroad 
Valuation Station Nos. 7762 + 04.5 and 7807 + 97, and on the Keyser 
Valley Industrial Track between Railroad Valuation Station Nos. 7767 + 
46.2, 7786 + 32.2 and 7789 + 48, identified as a portion of Track No. 
248 and Track Nos. 249, 696, 697, 698, and 699; and (2) the trackage 
rights also include any additional operating rights needed to make a 
continuous railroad route to connect the Taylor Secondary at Minooka 
Jct., which runs from Minooka Jct. to Pittston, with the Keyser Valley 
Industrial Track and existing trackage rights over DHC running between 
Taylor Yard and Bridge 60 in Scranton.1
---------------------------------------------------------------------------

    \1\ On June 8, 1998, DHC filed a petition for exemption in STB 
Finance Docket No. 33595, Delaware and Hudson Railway Company, 
Inc.--Acquisition and Operation Exemption--Consolidated Rail 
Corporation, to acquire from Conrail the trackage over which DHC 
would then grant back to Conrail the trackage rights that are the 
subject of this notice. That petition will be addressed by the Board 
in a separate decision.
---------------------------------------------------------------------------

    While the exemption in STB Finance Docket No. 33599 became 
effective on June 3, 1998 (7 days after the notice was filed with the 
Board), the trackage rights transaction will not be able to be 
consummated until DHC receives Board approval for the exemption sought 
in STB Finance Docket No. 33595 to acquire the lines over which DHC 
would grant trackage rights in this proceeding.2
---------------------------------------------------------------------------

    \2\ Conrail previously conveyed to the Reading, Blue Mountain & 
Northern Railroad (RBMN) all of its property and operating rights in 
the vicinity of Taylor Yard, including the Taylor Secondary, Keyser 
Valley Industrial Track, and the trackage rights to Bridge 60 in 
Scranton, and has leased to RBMN all of its rights to the tracks in 
Taylor Yard which DHC is acquiring in STB Finance Docket No. 33595. 
See Reading Blue Mountain & Northern Railroad Company--Acquisition 
and Operation Exemption--Consolidated Rail Corporation, STB Finance 
Docket No. 33004 (STB served Aug. 30, 1996). The parties intend 
that, once DHC receives Board approval of its exemption in STB 
Finance Docket No. 33595 and the trackage rights in this proceeding 
become effective, the lease of Conrail's rights in Taylor Yard will 
terminate, and these trackage rights will be assigned to RBMN.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to allow Conrail, or its 
successor, to continue to access its customers on the Keyser Valley 
Industrial Track, and its customers and connections reached via Bridge 
60 in Scranton.
    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 it 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. 33599, must be filed with

[[Page 32911]]

the Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John J. Paylor, Esq., 
Consolidated Rail Corporation, 2001 Market Street, 16A, Philadelphia, 
PA 19101-1416.

    Decided: June 10, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-15974 Filed 6-15-98; 8:45 am]
BILLING CODE 4915-00-P