[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Notices]
[Pages 39556-39557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18746]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33775]


Delaware and Hudson Railway Company, Inc.--Trackage Rights 
Exemption--Metro North Commuter Railroad Company

    Metro-North Commuter Railroad Company (Metro-North) has agreed to 
grant full service trackage rights to Delaware and Hudson Railway 
Company, Inc. (D&H), over Metro-North's rail line between CP7 near High 
Bridge, NY, at approximately milepost 6.6 in Bronx County, NY, and CP75 
north of Poughkeepsie, NY, at approximately milepost 75.8 in Dutchess 
County, NY, a distance of 69.2 miles.\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 et al.,

[[Page 39557]]

Decision Nos. 109 and 123 (STB served December 18, 1998 and May 20, 
1999).
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    \1\ A redacted version of the trackage rights agreement between 
Metro-North and D&H was filed with the notice of exemption. The full 
version of the agreement, as required by CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for a protective 
order, which is being addressed in a separate decision.
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    The transaction was scheduled to be consummated on or after July 6, 
1999, the effective date of the exemption (7 days after the exemption 
was filed).
    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. 33775, 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.''

    Decided: July 16, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18746 Filed 7-21-99; 8:45 am]
BILLING CODE 4915-00-P