[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Notices]
[Page 18067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9034]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33733]


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 Porter Branch milepost 246.7 at Willow Creek, IN, 
and milepost 259.5 at Gibson, IN (CP Ivanhoe), a total 
distance of approximately 12.8 miles.1
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    \1\ On March 25, 1999, CSXT filed a petition for exemption in 
STB Finance Docket No. 33733 (Sub-No. 1), CSX Transportation, Inc.--
Trackage Rights Exemption--Consolidated Rail Corporation, wherein 
CSXT requests that the Board permit the proposed overhead trackage 
rights arrangement described in the present proceeding to expire on 
the Split Date (as described in this decision) or June 30, 1999, 
whichever occurs first. That petition will be addressed by the Board 
in a separate decision.
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    As noted in 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 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.
    The transaction was scheduled to be consummated on or shortly after 
April 1, 1999.
    The purpose of the trackage rights is to allow CSXT to qualify its 
crew and engine personnel on the trackage that CSXT will operate 
following the Split Date of Conrail's rail properties.
    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. 33733, 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: April 6, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-9034 Filed 4-12-99; 8:45 am]
BILLING CODE 4915-00-P