Louisville & Indiana Railroad Company—Trackage Rights Exemption—New York Central Lines, LLC and CSX Transportation, Inc.

[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Notices]
[Pages 39185-39186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18330]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33778]


Louisville & Indiana Railroad Company--Trackage Rights 
Exemption--New York Central Lines, LLC and CSX Transportation, 
Inc.1
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    \1\ By decision served July 23, 1998, the Board approved, 
subject to certain conditions, the acquisition of control of 
Conrail, and the division of the assets thereof, by CSX Corporation 
and CSX Transportation, Inc. (referred to collectively as CSX) and 
Norfolk Southern Corporation and Norfolk Southern Railway Company 
(referred to collectively as NS). See 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, Decision No. 89 (STB served July 23, 1998). Acquisition 
of control of Conrail was effected by CSX and NS on August 22, 1998. 
The division of the assets of Conrail was effected by CSX and NS on 
June 1, 1999. See 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, 
Decision No. 127 (STB served May 20, 1999).
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    New York Central Lines, LLC (NYC), as owner, and CSX 
Transportation, Inc. (CSXT), as operator, have agreed to grant overhead 
trackage rights to Louisville & Indiana Railroad Company (L&I) as 
follows: (1) Approximately 5.5 miles over NYC main line, former 
Consolidated Rail Corporation (CRC) Louisville Secondary, (a) from the 
connection between NYC and L&I milepost 4.0 +/-at Indianapolis, IN, and 
the connection in the southeast quadrant of the former Indianapolis 
Union Belt running track (former Indiana Union Belt Railroad) milepost 
6.0 +/-known as Dale, a distance of approximately 2.7 miles; and (b) 
from this connection in the southeast quadrant of running track in the 
vicinity of the former Indianapolis Union Belt Railroad milepost 6.0 +/
-and the entrance to Hawthorne Yard at or near milepost 8.8 +/-, a 
distance of approximately 2.8 miles; and (2) approximately 7.8 miles 
over NYC main line, former CRC Louisville Secondary, (a) from the 
connection between NYC

[[Page 39186]]

and L&I milepost 4.0 +/-at Indianapolis, IN, and the connection in the 
northeast quadrant of former CRC Indianapolis Line milepost 283.7 +/-, 
a distance of approximately 4 miles; (b) from this connection milepost 
283.7 +/-of the former Indianapolis Line and milepost 283.1
+/-of the former CRC Indianapolis Line, a distance of approximately 0.6 
miles; (c) from CRC Indianapolis Line milepost 283.1
+/-connection to milepost 109.3 +/-of the former CRC Shelbyville 
Secondary and from this connection in the former CRC Shelbyville 
Secondary milepost 109.3 +/-and CRC Shelbyville Secondary milepost 
106.9 +/-, a distance of approximately 2.4 miles; and (d) from CRC 
Shelbyville Secondary milepost 106.9 +/-connection to former 
Indianapolis Union Belt running track milepost 8 +/-in the southeast 
quadrant and from this connection to former Indianapolis Union Belt 
running track milepost 8 +/-and the entrance to Hawthorne Yard in the 
northeast quadrant at or near milepost 8.8 +/-of the Indianapolis Union 
Belt running track, a distance of approximately 0.8 miles.2
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    \2\ A redacted version of the Trackage Rights Agreement among 
L&I, NYC, and CSXT was filed with the notice of exemption. The full 
version of the agreement was concurrently filed under seal, along 
with a motion for a protective order which was granted in a separate 
decision.
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    The transaction was scheduled to be consummated on or after July 8, 
1999, the effective date of the exemption.
    The purpose of the trackage rights is to permit L&I to interchange 
certain traffic with the Norfolk Southern Railway Company at Hawthorne 
Yard, thereby promoting operating efficiencies.
    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. 33778, 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 Rose-Michele Weinryb, Esq., Weiner, Brodsky, Sidman & 
Kider, P.C., 1350 New York Avenue, NW, Suite 800, Washington, DC 20005-
4797.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 99-18330 Filed 7-20-99; 8:45 am]
BILLING CODE 4915-00-P