[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Page 24711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11567]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33733 (Sub-No. 1)]


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

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights 
described in STB Finance Docket No. 33733 to permit the trackage rights 
to expire on the Split Date (as described in this decision) or June 30, 
1999, whichever occurs first, in accordance with the agreement of the 
parties. 1
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    \1\ On March 25, 1999, CSX Transportation, Inc. (CSXT) filed a 
notice of exemption under the Board's class exemption procedures at 
49 CFR 1180.2(d)(7). The notice covered the agreement by 
Consolidated Rail Corporation (Conrail) to grant temporary overhead 
trackage rights to CSXT, to operate its trains, locomotives, cars 
and equipment with CSXT's own crews, over Conrail's Porter Branch 
between milepost 246.7 at Willow Creek, IN, and milepost 
259.5 at Gibson, IN (CP Ivanhoe), a total distance of 
approximately 12.8 miles. See CSX Transportation, Inc.--Trackage 
Rights Exemption-- Consolidated Rail Corporation, STB Finance Docket 
No. 33733 (STB served Apr. 13, 1999). The trackage rights operations 
under the exemption became effective on April 1, 1999, and are 
subject to standard labor protective conditions.
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    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.

DATES: This exemption will be effective on June 1, 1999.
    Petitions to reopen must be filed by May 25, 1999.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 33733 (Sub-No. 1) must be filed with the Office of 
the Secretary, Surface Transportation Board, Case Control Unit, 1925 K 
Street, N.W., Washington, DC 20423-0001. In addition, a copy of all 
pleadings must be served on petitioner's representative Charles M. 
Rosenberger, Senior Counsel, CSX Transportation, Inc., 500 Water 
Street, J-150, Jacksonville, FL 32202.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600. [TDD 
for the hearing impaired (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: DC NEWS & DATA, INC., Suite 210, 1925 
K Street, N.W., Washington, DC 20006. Telephone: (202) 289-4357. 
[Assistance for the hearing impaired is available through TDD services 
(202) 565-1695.]
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 3, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-11567 Filed 5-6-99; 8:45 am]
BILLING CODE 4915-00-P