[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Notices]
[Page 6751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2375]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34644]


Finger Lakes Railway Corporation--Trackage Rights Exemption--CSX 
Transportation, Inc.

    CSX Transportation, Inc. (CSXT) has agreed to grant overhead 
trackage rights to Finger Lakes Railway Corporation (FGLK) over CSXT's: 
(1) CSXT/NYSW Interchange Track between the CSXT/New York, Susquehanna 
and Western Railway Corporation property line and the Geddes Lead 
Track; (2) Geddes Lead Track for its entire length to the Auburn 
Secondary; (3) Auburn Secondary Track between its connection to the 
Geddes Lead Track and its connection to the CSXT/FGLK Interchange 
Track; and (4) CSXT/FGLK Interchange Track between the CSXT/FGLK 
property line and the connection to the Auburn Secondary Track, a total 
distance of approximately 1.5 miles. The railroad line trackage is 
located in the State of New York.\1\
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    \1\ A redacted version of the trackage rights agreement between 
CSXT and FGLK was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was filed under seal along with a motion for protective order on 
January 28, 2005. A protective order is being served on February 1, 
2005.
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    The transaction was scheduled to be consummated on or after the 
January 26, 2005, effective date of the exemption.
    The purpose of the trackage rights is to allow FGLK to access 
another Class III rail carrier in furtherance of the principles of the 
Railroad Industry Agreement.
    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. 34644, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Eric M. Hocky, Gollatz, Griffin 
& Ewing, P.C., Four Penn Center Plaza, 1600 John F. Kennedy Blvd., 
Suite 200, Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 1, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-2375 Filed 2-7-05; 8:45 am]
BILLING CODE 4915-01-P