[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29780]


[[Page Unknown]]

[Federal Register: December 5, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32544 (Sub-No. 1)]

 

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

    CSX Transportation, Inc. (CSXT), has agreed to grant overhead 
trackage rights to Consolidated Rail Corporation (Conrail) on a portion 
of its Indiana Subdivision in Indiana and Jefferson Counties, PA, from 
its connection with the Ridge Subdivision at Ridge Branch Junction 
(milepost 26.6) near Creekside to a connection to be established at a 
point to be mutually agreed upon between milepost 41.5 and milepost 
44.7 near Josephine. The trackage rights agreement provides for a 30-
year term and a 30-year renewal option and is limited to the movement 
of limestone, limestone substitutes, ammonia, rail materials, 
transformers, and coal terminating at the Keystone Generating Station 
(Keystone) at Shelocta, PA.
    The trackage rights qualify under the class exemption procedures of 
49 CFR 1180.2(d)(7) and ordinarily would have become effective 50 days 
after filing. However, they are related to two other transactions that 
applicants simultane-ously seek approval for as one integral 
transaction.1 Accordingly, at applicants' request all three 
proceedings were considered together and the effective date of this 
notice of exemption necessarily was delayed. This notice of exemption 
will become effective on December 5, 1994, as will the related decision 
in Finance Docket No. 32544 and the related notice of exemption in 
Finance Docket No. 32544 (Sub-No. 2).
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    \1\In Finance Docket No. 32544, Conrail proposes to lease from 
CSXT, for a 30-year term with an option to renew for an additional 
30 years, a portion of the Indiana Subdivision from the connection 
with Buffalo & Pittsburgh Railroad, Inc. (B&PR), at DC Tower 
(milepost 0.0 at Cloe) to the connection with the Ridge Subdivision 
at Ridge Branch Junction (milepost 26.74). Conrail also proposes to 
purchase from CSXT a portion of the Ridge Subdivision, from its 
connection with the Indiana Subdivision at milepost 0.0 to the rail 
switch into the Keystone electric generating plant at milepost 5.83 
at Shelocta.
    In Finance Docket No. 32544 (Sub-No. 2), Conrail will grant back 
to CSXT, for a coextensive period of time, trackage rights over the 
Indiana and Ridge Subdivisions that it is acquiring and leasing in 
Finance Docket No. 32544. The trackage rights on the Indiana 
Subdivision are overhead. The trackage rights on the Ridge 
Subdivision are both overhead and local, but the local trackage 
rights are restricted to limestone, limestone substitutes, ammonia, 
transformers and coal terminating at Keystone. The limestone and 
coal transportation will be further restricted to commodities 
originating at quarries or mines served by CSXT or short line 
railroads connecting solely with CSXT, or originating or 
transloading on The Three Rivers Railway, B&PR, Allegheny Railroad, 
Beech Mountain Railroad, West Virginia Northern Railroad, Elk River 
Railroad, or Strouds Creek & Muddlety Railroad. No traffic 
originating on lines owned or leased by Conrail may be transported 
by CSXT in local service under these trackage rights. The overhead 
trackage rights are restricted to movements to the portion of the 
Ridge Subdivision between Shelocta and Clarksburg and will terminate 
if CSXT abandons that portion of track.
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    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10505(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: John J. Paylor, 2001 Market Street--16A, 
Philadelphia, PA 19101-1416.
    As a condition to the use of this exemption, any employees 
adversely affected by the trackage rights will be protected under 
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).

    Decided: November 23, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-29780 Filed 12-2-94; 8:45 am]
BILLING CODE 7035-01-P