[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Notices]
[Pages 37331-37332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18221]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 1)]


CSX Transportation, Inc.; Construction and Operation Exemption; 
Connection Track at Crestline, OH

    CSX Transportation, Inc. (CSXT) and Consolidated Rail Corporation 
(CRC) have filed a notice of exemption under 49 CFR 1150.36 to 
construct a connection track between two CRC main lines in the NW 
Quadrant. The connection will extend approximately 1,507 feet between 
approximately milepost 75.4 on CRC's North-South main line between 
Greenwich, OH, and Indianapolis, IN, and approximately milepost 188.8 
on CRC's East-West main line between Pittsburgh and Ft. Wayne, IN. 
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    \1\ This proceeding is related to STB Finance Docket No. 33388, 
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 (CSX/NS/CR). In CSX/NS/CR, Decision No. 9, served June 
12, 1997, the Board granted the applicants' Petition for Waiver, 
allowing CSXT and CRC to seek approval for construction of four 
``first day'' connections, including this proposed connection at 
Crestline, OH, prior to Board approval of the Primary Control 
Application. CSXT filed a notice of exemption to construct and 
operate a connection track in Crestline, as a related filing in 
Volume 5 of the primary application filed on June 23, 1997, in the 
CSX/NS/CR proceeding. See CSX/NS-22 (Volume 5) at 94. CSXT and CRC 
concurrently filed a slightly modified version of the notice of 
exemption for construction of a connection track in Crestline (CSX-
5). The Board will consider both filings in tandem. As the Board 
stated in CSX/NS/CR, Decision No. 9, at 6-7:
    * * * in reviewing these projects separately, we will consider 
the regulatory and environmental aspects of these proposed 
constructions and applicants' proposed operations over these lines 
together in the context of whether to approve each individual 
physical construction project. The operational implications of the 
merger as a whole, including operations over the * * * construction 
projects, will be examined in the context of the [Environmental 
Impact Statement] EIS that we are preparing for the overall merger. 
* * * No rail operations can begin over these (four CSX connections) 
until completion of the EIS process and issuance of a further 
decision.
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    Construction is scheduled to begin on or about 90 days after the 
filing date of this notice, but not before the effective date of the 
exemption, which is 70 days after publication of this notice in the 
Federal Register, unless stayed.
    The Board's Section of Environmental Analysis (SEA) will analyze 
the potential environmental impact of this proposed construction and 
operation, which is addressed in the environmental documents prepared 
in the primary application in STB Finance Docket No. 33388. The 
environmental report covering the proposed construction and operation 
of the connection track at Crestline is contained in the Environmental 
Report filed with the Board in STB Finance Docket No. 33388. In 
addition, as the Board required in CSX/NS/CR, Decision No. 9, CSX must 
submit, no later than September 5, 1997 (Day F+75), a preliminary draft 
environmental assessment (PDEA) for each individual construction 
project covered by the Board's waiver decision. Each PDEA must comply 
with all of the requirements for environmental reports contained in the 
environmental rules at 49 CFR 1105.7. Also, the PDEA must be based on 
consultations with SEA and the federal, state, and local agencies set 
forth in 49 CFR 1105.7(b), as well as other appropriate parties. If a 
PDEA is insufficient, the Board may require additional environmental 
information or reject the document. See CSX/NS/CR, Decision No. 9, at 
8.
    As part of the environmental review process, SEA will independently 
verify the information contained in each PDEA, conduct further 
independent analysis, as necessary, and develop appropriate 
environmental mitigation measures. For each project, SEA plans to 
prepare an EA, which will be served on the public for its review and 
comment. The public will have 20 days to comment on the EA, including 
the proposed environmental mitigation measures. After the close of the 
public comment period, SEA will prepare Post Environmental Assessments 
(Post EAs) containing SEA's final recommendations, including 
appropriate environmental mitigation. Id. at 8. The effective date of 
this exemption may be stayed pending consideration of the environmental 
record and completion of the environmental process.
    Should the Board determine that the Crestline construction project 
could potentially cause, or contribute to, significant environmental 
impacts, then the project will be incorporated into the EIS for the 
proposed control transaction in STB Finance Docket No. 33388, CSX/NS/
CR. Id. at 8. The Board's consideration of this construction project 
does not, and will not, in any way, constitute approval of, or even

[[Page 37332]]

indicate any consideration on our part respecting approval of, the 
primary application in STB Finance Docket No. 33388.
    This exemption will be effective on September 19, 1997, unless 
stayed. Petitions to stay the effective date of this notice on any 
grounds must be filed by July 21, 1997. Petitions for reconsideration 
must be filed by July 31, 1997.
    If the notice 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. 33388 (Sub-No. 1), must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423-0001 and served on: Dennis G. 
Lyons, Arnold & Porter, 555 Twelfth Street, N.W., Washington, DC 20004-
1206. Parties to STB Finance Docket No. 33388 will not be automatically 
placed on the service list for this proceeding.

    Decided: July 3, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-18221 Filed 7-10-97; 8:45 am]
BILLING CODE 4915-00-P