[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Notices]
[Pages 319-320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-106]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 90)] 1
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    \1\ A copy of this decision is being served on all persons 
designated as POR, MOC, or GOV on the service list in STB Finance 
Docket No. 33388.
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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 
(Buffalo Rate Study)

ACTION: Decision No. 2; Extension of Deadlines Applicable to the First 
Phase of the Buffalo Rate Study.

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SUMMARY: In Decision No. 1, which was served December 15, 1999, and 
published in the Federal Register on December 20, 1999 (at 64 FR 
71188), the Board initiated a 3-year study (the Buffalo Rate Study) to 
examine linehaul and switching rates for rail movements into and out of 
the State of New York's Buffalo area. By petition filed December 23, 
1999, CSX Corporation and CSX Transportation, Inc. (collectively, CSX) 
and Norfolk Southern Corporation and Norfolk Southern Railway Company 
(collectively, NS) have requested that each of the respective due dates 
for the first phase (also referred to as the initial

[[Page 320]]

6-month review) of the Buffalo Rate Study be extended for a period of 
four weeks. In this decision, the Board is extending the due dates 
applicable to the first phase of the Buffalo Rate Study.

DATES: For the initial 6-month review (also referred to as the first 
phase), the carriers' rail 100% waybill files for the period beginning 
June 1, 1997, and ending November 30, 1999, should be made available to 
all interested parties and to Board staff by January 27, 2000. CSX and 
NS comprehensive filings are due by February 11, 2000; comments from 
other parties are due by March 13, 2000; and CSX and NS replies to 
comments are due by March 28, 2000.
    For the first full-year review, the carriers' rail 100% waybill 
files for the period ending May 31, 2000, should be made available to 
all interested parties and to Board staff by June 30, 2000. CSX and NS 
comprehensive filings are due by July 14, 2000; comments from all 
interested parties are due by August 14, 2000; and CSX and NS replies 
to comments are due by August 29, 2000. (The dates applicable to the 
first full-year review have not been changed; they are noted here 
simply for ease of reference.)

ADDRESSES: An original and 25 copies of all documents must refer to STB 
Finance Docket No. 33388 (Sub-No. 90) and must be sent to: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, Attn: 
STB Finance Docket No. 33388 (Sub-No. 90), 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, one copy of all documents in 
this proceeding must be sent to each representative: (1) Dennis G. 
Lyons, Esq., Arnold & Porter, 555 12th Street, N.W., Washington, DC 
20004-1202 (representing CSX); and (2) Richard A. Allen, Esq., Zuckert, 
Scoutt & Rasenberger, LLP, 888 17th Street, N.W., Washington, DC 20006-
3939 (representing NS).
    In addition to submitting an original and 25 copies of all paper 
documents filed with the Board, parties also must submit, on 3.5-inch 
IBM-compatible floppy diskettes (disks) or compact discs (CDs), copies 
of all pleadings and attachments (e.g., textual materials, electronic 
workpapers, data bases and spreadsheets used to develop quantitative 
evidence) and must clearly label pleadings and attachments and 
corresponding computer diskettes with an identification acronym and 
pleading number. Textual materials must be in, or convertible by and 
into, WordPerfect 7.0. Electronic spreadsheets must be in some version 
of Lotus, Excel, or Quattro Pro. Parties may individually seek a waiver 
from the disk-CD requirement.

FOR FURTHER INFORMATION, CONTACT: Michael A. Redisch, (202) 565-1544. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: In their petition (designated CSX/NS-220) 
filed December 23, 1999, CSX and NS have explained that extension of 
the first phase deadlines is necessary to assure the orderly and 
efficient production of the waybill data called for in Decision No. 1. 
CSX and NS contend, in essence, that, in view of other year-end tasks, 
and considering the substantial data processing required to produce the 
relevant waybill records, production of the required waybill data by 
December 30, 1999 (the date set in Decision No. 1) is simply not 
feasible.
    The requested extension is justified, especially in light of the 
need for meaningful data for the Buffalo Rate Study. As noted by CSX 
and NS, because the study is a 3-year undertaking involving annual 
reviews, the 4-week extension will not affect the timely completion of 
the initial annual review or the overall study. The deadlines 
applicable to the first phase will therefore be extended in the manner 
requested.

Service List

    As with Decision No. 1, a copy of this decision is being served on 
all persons designated as POR, MOC, or GOV on the service list in STB 
Finance Docket No. 33388. This decision (like Decision No. 1) will 
serve as a notice that persons who were parties of record in STB 
Finance Docket No. 33388 will not automatically be placed on the 
service list as parties of record for this Buffalo Rate Study 
proceeding. Any persons interested in being on the STB Finance Docket 
No. 33388 (Sub-No. 90) service list and receiving copies of CSX and NS 
filings relating to the Buffalo Rate Study must send us written 
notification with copies to the railroads' representatives.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: December 28, 1999.

    By the Board, Vernon A. Williams, Secretary.
Vernon A. Williams,
Secretary.
[FR Doc. 00-106 Filed 1-3-00; 8:45 am]
BILLING CODE 4915-00-P