[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15869-15870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8128]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33725]


CSX Transportation, Inc.--Trackage Rights Exemption--Consolidated 
Rail Corporation

    Consolidated Rail Corporation (Conrail), has agreed to grant 
overhead trackage rights to CSX Transportation, Inc., (CSXT), to 
operate its trains, locomotives, cars and equipment with CSXT's own 
crews over Conrail's Olin Running Track between the Conrail/CSXT 
connection at milepost 0.5 and milepost 0.0; 
and (2) Conrail's Pekin Running Track between milepost 0.0 
and the limits of trackage being leased by CSXT at the connection to 
Conrail's Hillery Yard at milepost 1.85 in Danville, IL,\1\ 
a distance of approximately 1.9 miles, including necessary head and 
tail room.
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    \1\ Under a separate agreement, CSXT is leasing approximately 
18,850 feet of yard track in Conrail's Hillery Yard for storage of 
railroad cars.
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    As noted in the agreement attached to CSXT's notice of exemption, 
this trackage rights arrangement is only temporary. The Conrail 
trackage that is the subject of the trackage rights is to be allocated 
to Conrail's subsidiary, New York Central Lines LLC, and operated by 
CSXT, after what is referred to as the ``Split Date,'' or the date of 
the division of Conrail's assets, as authorized by the Board in CSX 
Corporation and CSX Transportation, Inc., Norfolk Southern Corporation 
and Norfolk Southern Railway Company--Control and Operating Leases/
Agreements--Conrail Inc., and Consolidated Rail Corporation, STB 
Finance Docket No. 33388 (STB served July 23, 1998). CSXT states that

[[Page 15870]]

it expects the Split Date to occur on June 1, 1999. The parties intend 
for the trackage rights to terminate on the Split Date, but if the 
Split Date does not occur before June 30, 1999, the parties' agreement 
provides for termination of the trackage rights on June 30, 1999. 
Accordingly, on March 25, 1999, CSXT filed a petition for exemption in 
STB Finance Docket No. 33725 (Sub/No. 1), CSX Transportation, Inc.--
Trackage Rights Exemption--Consolidated Rail Corporation, requesting 
that the Board permit the proposed overhead trackage rights arrangement 
described in the present proceeding to expire on the Split Date or June 
30, 1999, whichever occurs first. That petition will be addressed by 
the Board in a separate decision.
    The transaction was scheduled to be consummated on March 19, 1999.
    The purpose of the trackage rights is to allow CSXT to access the 
tracks it is leasing from Conrail in Hillery Yard.
    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, 350 I.C.C. 753 
(1980).
    This notice is filed under 49 CFR 1180.2(d)(7). It 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. 33725, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Charles M. Rosenberger, Senior Counsel, CSX 
Transportation, Inc., 500 Water Street, J-150, Jacksonville, FL 32202.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 26, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-8128 Filed 3-31-99; 8:45 am]
BILLING CODE 4915-00-M