[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Notices]
[Page 36968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17215]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33771]


Delaware and Hudson Railway Company, Inc.--Trackage Rights 
Exemption--CSX Transportation, Inc. and New York Central Lines LLC

    CSX Transportation, Inc. (CSXT) and New York Central Lines LLC 
(NYC) have agreed to grant overhead trackage rights to Delaware and 
Hudson Railway Company, Inc. (D&H), over lines generally between 
Schenectady, NY, and Fresh Pond Junction, NY. The lines are owned by 
NYC and leased to CSXT.1 The scope of these rights and their 
terms were established 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, 
Decision Nos. 89, 109, and 123 (STB served July 23, 1998, December 18, 
1998, and May 20, 1999, respectively).2
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    \1\ CSXT, by letter filed June 21, 1999, and Samuel J. Nasca, 
for and on behalf of United Transportation Union-New York State 
Legislative Board, by comments filed June 24, 1999, express support 
for imposition of appropriate employee protective conditions. As 
indicated subsequently in this notice, the transaction is subject to 
employee protective conditions. The CSXT letter also makes reference 
to the requirement that D&H submit a final executed agreement within 
10 days of the date the agreement is executed.
    \2\ The responsive application filed jointly by the State of New 
York, acting by and through its Department of Transportation, and 
the New York City Economic Development Corporation, acting on behalf 
of the City of New York, in connection with the railroad control 
application in STB Finance Docket No. 33388, was docketed as STB 
Finance Docket No. 33388 (Sub-No. 69).
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    The transaction was scheduled to be consummated on or after June 
25, 1999, the effective date of the exemption.
    The purpose of the trackage rights is to enhance rail competition 
for movements of traffic on the east side of the Hudson River.
    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. 33771, 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 Eric von Salzen, Hogan & Hartson L.L.P., 555 Thirteenth 
Street, NW, Washington, DC 20004-1109.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: June 30, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-17215 Filed 7-7-99; 8:45 am]
BILLING CODE 4915-00-P