Delaware and Hudson Railway Company, Inc.Trackage Rights ExemptionNew York State Department of Transportation

[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Notices]
[Page 39186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18504]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33776]


Delaware and Hudson Railway Company, Inc.--Trackage Rights 
Exemption--New York State Department of Transportation

    New York State Department of Transportation has agreed to grant 
full service trackage rights to Delaware and Hudson Railway Company, 
Inc. (D&H), over the South Bronx Oak Point Link, which is approximately 
10,000 feet of railroad track from 800 feet north of the north end of 
the track support structure south to Harlem River Yard, then east 6,000 
feet along an easement through the Harlem River Yard to the 
northeastern end of the easement at the Harlem River Yard property line 
at East 132nd Street between Walnut and Willow Streets.1 
According to applicants, the notice of exemption in STB Finance Docket 
No. 33776 is filed in connection with Surface Transportation Board 
Decision Nos. 109 and 123 in STB Finance Docket No. 33388 (Sub-No. 
69).2
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    \1\ In Delaware and Hudson Railway Company, Inc.--Trackage 
Rights Exemption--CSX Transportation, Inc. and New York Central 
Lines LLC, STB Finance Docket No. 33771 (STB served July 8, 1999), 
D&H acquired overhead trackage rights from CSX Transportation, Inc. 
and New York Central Lines LLC, over lines generally between 
Schenectady, NY, and Fresh Pond Junction, NY. The scope of these 
rights and their terms were established by the Board in 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 Nos. 89, 109, 
and 123 (STB served July 23, 1998, December 18, 1998, and May 20, 
1999, respectively).
    \2\ The responsive application filed jointly by the State of New 
York, acting by and through its Department of Transportation, and 
the New York City Economic Development Corporation, acting on behalf 
of the City of New York, in connection with the railroad control 
application in STB Finance Docket No. 33388, was docketed as STB 
Finance Docket No. 33388 (Sub-No. 69).
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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 enhance rail competition 
for movements of traffic on the east side of the Hudson River.
    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. 33776, 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 Eric von Salzen, Hogan & Hartson L.L.P., 555 Thirteenth 
Street, NW, Washington, DC 20004-1109.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
    Decided: July 14, 1999.

Vernon A. Williams,
Secretary.
[FR Doc. 99-18504 Filed 7-20-99; 8:45 am]
BILLING CODE 4915-00-P