[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Pages 62107-62111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30543]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 35) et al.]


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; et 
al.

AGENCY: Surface Transportation Board.

ACTION: Decision No. 54; Notice of acceptance of responsive 
applications and related filing.

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SUMMARY: The Board is accepting for consideration the responsive 
applications filed: by New York State Electric and Gas Corporation 
(NYSEG) in STB Finance Docket No. 33388 (Sub-No. 35); jointly by Elgin, 
Joliet & Eastern Railway Company, Transtar, Inc., and I & M Rail Link, 
LLC, in STB Finance Docket No. 33388 (Sub-No. 36); <SUP>1</SUP> by 
Livonia, Avon & Lakeville Railroad Corporation (LAL) in STB Finance 
Docket No. 33388 (Sub-No. 39); by Wisconsin Central Ltd. (WCL) in STB 
Finance Docket No. 33388 (Sub-No. 59); by Bessemer and Lake Erie 
Railroad Company (BLE) in STB Finance Docket No. 33388 (Sub-No. 61); by 
Illinois Central Railroad Company (IC) in STB Finance Docket No. 33388 
(Sub-No. 62); by R.J. Corman Railroad Company/Western Ohio Line (RJCW) 
in STB Finance Docket No. 33388 (Sub-No. 63); jointly by (i) the State 
of New York, acting by and through its Department of Transportation 
(NYDOT), and (ii) the New York City Economic Development Corporation 
(NYCEDC) in STB Finance Docket No. 33388 (Sub-No. 69); <SUP>2</SUP> 
jointly by the Belvidere & Delaware River Railway (BDRV) and the Black 
River & Western Railroad (BRW) in STB Finance Docket No. 33388 (Sub-No. 
72); by New England Central Railroad, Inc. (NECR), in STB Finance 
Docket No. 33388 (Sub-No. 75); by Indiana Southern Railroad, Inc. 
(ISRR), in STB Finance Docket No. 33388 (Sub-No. 76); by Indiana & Ohio 
Railway Company (IORY) in STB Finance Docket No. 33388 (Sub-No. 77); by 
Ann Arbor Acquisition Corporation, d/b/a Ann Arbor Railroad (AA), in 
STB Finance Docket No. 33388 (Sub-No. 78); by Wheeling & Lake Erie 
Railway Company (W&LE) in STB Finance Docket No. 33388 (Sub-No. 80); 
and jointly by Canadian National Railway Company (CN) and Grand Trunk 
Western Railroad Incorporated (GTW) in STB Finance Docket No. 33388 
(Sub-No. 81). The Board is also accepting for consideration the notice 
of exemption filed by GTW in STB Finance Docket No. 33388 (Sub-No. 83). 
The responsive applications filed in STB Finance Docket No. 33388 (Sub-
Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 81) 
are responsive to the primary application filed June 23, 1997, in STB 
Finance Docket No. 33388 by CSX Corporation (CSXC), CSX Transportation, 
Inc. (CSXT), Norfolk Southern Corporation (NSC), Norfolk Southern 
Railway Company (NSR), Conrail Inc. (CRR), and Consolidated Rail 
Corporation (CRC).<SUP>3</SUP> The notice of exemption filed in STB 
Finance Docket No. 33388 (Sub-No. 83) is related to the responsive 
application filed in STB Finance Docket No. 33388 (Sub-No. 
81).<SUP>4</SUP>

    \1\ Elgin, Joliet & Eastern Railway Company and Transtar, Inc. 
are referred to collectively as EJE. I & M Rail Link, LLC is 
referred to as IMRL.
    \2\ The responsive application filed jointly by NYDOT and NYCEDC 
purports to be filed both in STB Finance Docket No. 33388 (Sub-No. 
69) (this being the sub-number docket reserved by NYDOT) and in STB 
Finance Docket No. 33388 (Sub-No. 54) (this being the sub-number 
docket reserved by NYCEDC). Although there are two responsive 
applicants there is only one responsive application, and we will 
treat this single application as if it had been filed in STB Finance 
Docket No. 33388 (Sub-No. 69) only.
    \3\ CSXC and CSXT, and their wholly owned subsidiaries, are 
referred to collectively as CSX. NSC and NSR, and their wholly owned 
subsidiaries, are referred to collectively as NS. CRR and CRC, and 
their wholly owned subsidiaries, are referred to collectively as 
Conrail or CR. CSX, NS, and Conrail are referred to collectively as 
the primary applicants.
    \4\ The responsive applications filed in STB Finance Docket No. 
33388 (Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 
80, and 81) and the notice of exemption filed in STB Finance Docket 
No. 33388 (Sub-No. 83) are hereinafter referred to collectively as 
the ``responsive filings.''
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DATES: The effective date of this decision is November 20, 1997. 
Comments regarding the responsive filings must be filed with the Board 
by December 15, 1997. Rebuttal in support of these responsive filings 
must be filed with the Board by January 14, 1998. Briefs (not to exceed 
50 pages) must be

[[Page 62108]]

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filed with the Board by February 23, 1998.

ADDRESSES: An original and 25 copies of all comments referring to STB 
Finance Docket No. 33388 (Sub-No. 35), STB Finance Docket No. 33388 
(Sub-No. 36), STB Finance Docket No. 33388 (Sub-No. 39), STB Finance 
Docket No. 33388 (Sub-No. 59), STB Finance Docket No. 33388 (Sub-No. 
61), STB Finance Docket No. 33388 (Sub-No. 62), STB Finance Docket No. 
33388 (Sub-No. 63), STB Finance Docket No. 33388 (Sub-No. 69), STB 
Finance Docket No. 33388 (Sub-No. 72), STB Finance Docket No. 33388 
(Sub-No. 75), STB Finance Docket No. 33388 (Sub-No. 76), STB Finance 
Docket No. 33388 (Sub-No. 77), STB Finance Docket No. 33388 (Sub-No. 
78), STB Finance Docket No. 33388 (Sub-No. 80), STB Finance Docket No. 
33388 (Sub-No. 81), and/or STB Finance Docket No. 33388 (Sub-No. 83) 
must be filed with the Surface Transportation Board, Office of the 
Secretary, Case Control Unit, ATTN.: STB Finance Docket No. 33388, 1925 
K Street, N.W., Washington, DC 20423-0001.<SUP>5</SUP>
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    \5\ In order for a document to be considered a formal filing, 
the Board must receive an original and 25 copies of the document, 
which must show that it has been properly served on all other 
parties of record. Documents transmitted by facsimile (FAX) will not 
be considered formal filings and are not encouraged because they 
will result in unnecessarily burdensome, duplicative processing in 
what has already become a voluminous record.
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    In addition to submitting an original and 25 paper copies of each 
document filed with the Board, parties are also requested to submit one 
electronic copy of each such document. Further details respecting such 
electronic submissions are provided below.
    In addition, one copy of each document filed in these proceedings 
must be served on: the U.S. Secretary of Transportation; the U.S. 
Attorney General; Administrative Law Judge Jacob Leventhal, Federal 
Energy Regulatory Commission, 888 First Street, N.E., Suite 11F, 
Washington, D.C. 20426; Dennis G. Lyons, Esq., Arnold & Porter, 555 
12th Street, N.W., Washington, D.C. 20004-1202 (representing primary 
applicants CSXC and CSXT); Richard A. Allen, Esq., Zuckert, Scoutt & 
Rasenberger, LLP, Suite 600, 888 Seventeenth Street, N.W., Washington, 
D.C. 20006-3939 (representing primary applicants NSC and NSR); and Paul 
A. Cunningham, Esq., Harkins Cunningham, Suite 600, 1300 Nineteenth 
Street, N.W., Washington, D.C. 20036 (representing primary applicants 
CRR and CRC).
    In addition, one copy of all comments filed in these proceedings 
must be served on the appropriate responsive applicant's 
representative: William A. Mullins, Esq., Troutman Sanders LLP, 1300 I 
Street, N.W., Suite 500 East, Washington, D.C. 20005-3314 (representing 
NYSEG); Thomas J. Litwiler, Esq., Oppenheimer Wolff & Donnelly, Two 
Prudential Plaza, 45th Floor, 180 North Stetson Avenue, Chicago, IL 
60601-6710 (representing EJE, IMRL, BLE, IC, and WCL); Kevin M. Sheys, 
Esq., Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, N.W., Suite 
400, Washington, D.C. 20036-6200 (representing LAL and RJCW); William 
L. Slover, Esq., Slover & Loftus, 1224 Seventeenth Street, N.W., 
Washington, DC 20036-3003 (representing NYDOT); Charles A. Spitulnik, 
Esq., Hopkins & Sutter, 888 Sixteenth Street, N.W., Washington, D.C. 
20006 (representing NYCEDC); Peter A. Greene, Esq., Thompson Hine & 
Flory LLP, 1920 N Street, N.W., Suite 800, Washington, D.C. 20036 
(representing BDRV and BRW); Karl Morell, Esq., Ball Janik LLP, Suite 
225, 1455 F Street, N.W., Washington, D.C. 20005 (representing NECR, 
ISRR, IORY, and AA); Charles H. White, Jr., Esq., Galland, Kharasch & 
Garfinkle, P.C., 1054 Thirty-First Street, N.W., Washington, D.C. 
20007-4492 (representing W&LE); and L. John Osborn, Sonnenschein Nath & 
Rosenthal, 1301 K Street, N.W., Suite 600 East, Washington, D.C. 20005 
(representing CN and GTW).
    In addition, one copy of all documents filed in these proceedings 
must be served on all other persons designated parties of record on the 
Board's service list in STB Finance Docket No. 33388. See the service 
list attached to Decision No. 21 (served August 19, 1997), as modified 
in Decision No. 27 (served September 8, 1997), and as further modified 
in Decision No. 43 (served October 7, 1997).<SUP>6</SUP>

    \6\ Members of the United States Congress and Governors are not 
parties of record and therefore need not be served with copies of 
filings, unless any such Member or Governor is designated as a party 
of record. See Decision No. 12 (served July 23, 1997, and published 
that day in the Federal Register at 62 FR 39577), slip op. at 19, 62 
FR at 39588.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 565-1613. [TDD 
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for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: In the primary application filed with the 
Board on June 23, 1997, primary applicants CSXC, CSXT, NSC, NSR, CRR, 
and CRC seek approval and authorization under 49 U.S.C. 11321-25 for: 
(1) The acquisition by CSX and NS of control of Conrail; and (2) the 
division of the assets of Conrail by and between CSX and NS. In various 
related filings also filed June 23, 1997, the primary applicants seek 
related relief contingent upon approval of the primary application. In 
Decision No. 12, the Board accepted for consideration the primary 
application and the various related filings, and directed that 
responsive applications be filed by October 21, 1997.

Responsive Filings: Conditions Requested. 

    In STB Finance Docket No. 33388 (Sub-No. 35), NYSEG seeks: (1) on 
behalf of NSR,<SUP>7</SUP> or a third-party carrier suitable to NYSEG, 
trackage rights over the CRC lines between Buffalo, NY, and NYSEG's 
Kintigh Station; specifically, from the Niagara Branch MP 19.0 (CP-21) 
<SUP>8</SUP> to the Tuscarora Wye, for approximately 4,200 feet, to 
Lockport Branch MP 69.6 (CP-69) to the connection with Somerset 
Railroad Corporation at Lockport Branch MP 58.8 (CP-59) (a total 
distance of approximately 11.2 miles);<SUP>9</SUP> or (2) on behalf of 
CSXT, or a third-party carrier suitable to NYSEG, trackage rights over 
the CRC lines between Buffalo, NY, and NYSEG's Milliken, Goudey, and 
Greenidge plants; specifically, from Chicago Line MP 1.7 (CP-DRAW) over 
the Bison Running Track to Southern Tier Line MP 419.8 to Binghamton MP 
215.3 including Binghamton Running Track and #4 Yard Track with 
connections to: Vestal Industrial Track; on Vestal Industrial Track 
from MP 192.3 to MP 195.4; and connections to Lehigh Secondary at 
Southern Tier MP 255.2, Lehigh Secondary Track MP 269.5 to 271.6 and 
connection to Ithaca Secondary; Ithaca Secondary from MP 271.6 to the 
end of line at Milliken Station MP 321.0; connections to Corning 
Secondary at Southern Tier Line MP 290.1 and 290.8, Corning

[[Page 62109]]

Secondary from MP 70.6 (CP-Glass) and MP 70.9 (GP-Gibson/CP-Corning) to 
MP 0 (CP-335), including sidings, runarounds, and passing tracks (a 
total distance of approximately 333.4 miles).
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    \7\ If exercised by NSR, modification of NSR's trackage rights 
over CSXT and New York Central Lines LLC (NYC), as shown on pp. 220-
52 and 329-35 of Volume 8B of the primary application, would also be 
required to eliminate any restrictions contained therein that would 
prevent transportation to NYSEG's Kintigh Station, including, but 
not confined to, limitations against interchanging with, or 
operating over, property of Somerset Railroad Corporation.
    \8\ Milepost is abbreviated MP. Control point is abbreviated CP.
    \9\ If exercised by a third-party carrier, these rights would 
include full access over: The Chicago Line between CP-2 and FW Tower 
(CP-437) and the Belt Line Branch owned by NYC and operated by CSX 
between the connection at FW Tower (CP-437), Buffalo, NY, at or near 
MP 0.0, and the connection with the Niagara Branch (CP-1) at or near 
MP 7.2, and the Niagara Branch operated by CSX between the 
connection with the Belt Line Branch, at or near MP 7.5, ``and to'' 
Tuscarora Wye to CP-69 at MP 69.6 of the Lockport Branch to MP 58.8 
(CP-59) and connection track to MP 0.0 of the Somerset Railroad 
Corporation. This would cover a total distance of approximately 33.2 
miles.
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    In STB Finance Docket No. 33388 (Sub-No. 36), EJE and IMRL seek to 
acquire, and thereafter to divide into two equal parts, CRC's 51% stock 
ownership of the Indiana Harbor Belt Railroad Company (IHB).
    In STB Finance Docket No. 33388 (Sub-No. 39), LAL seeks to acquire 
ownership of or trackage rights on approximately 1.0 route mile of 
trackage constituting CRC's Genesee Junction yard in Chili, NY.
    In STB Finance Docket No. 33388 (Sub-No. 59), WCL seeks to acquire 
from The Baltimore & Ohio Chicago Terminal Railroad Company (B&OCT, a 
wholly owned CSX subsidiary) a portion of B&OCT's Altenheim 
Subdivision, including rail line, side track, yard trackage, and 
associated right-of-way and appurtenances, beginning at a connection 
between WCL and B&OCT trackage at B&OCT MP 37.4 at Madison Street, 
Forest Park, IL, and extending to a point of connection with Union 
Pacific Railroad Company (UPRR) and Conrail's Panhandle Line in the 
vicinity of Rockwell Street, Chicago, IL.
    In STB Finance Docket No. 33388 (Sub-No. 61), BLE seeks overhead 
trackage rights over: (1) CRC's Mon Line between the connection with 
BLE (Union Railroad Company, a BLE affiliate) at Pittsburgh (Duquesne), 
PA, and CRC's Shire Oaks Yard in Shire Oaks, PA (a distance of 
approximately 14 miles); and/or (2) CSXT's line (formerly the 
Pittsburgh & Lake Erie Railroad Company) between the connection with 
BLE (Union Railroad Company) at Bessemer (Pittsburgh), PA, and CSXT's 
Newell Interchange Yard near Brownsville, PA (a distance of 
approximately 40 miles). The overhead trackage rights sought by BLE 
would be restricted to the transportation of coal originating at 
current or future mines on the former Monongahela Railway Company lines 
and destined to the P&C Dock at Conneaut, OH, for movement beyond.
    In STB Finance Docket No. 33388 (Sub-No. 62), IC seeks to acquire 
CSXT's Leewood-Aulon Line in Memphis, TN, which extends between CSXT MP 
F-371.4 (IC MP 387.9) at Leewood and CSXT MP F-373.4 (IC MP 390.0) at 
Aulon, a distance of approximately 2 miles.
    In STB Finance Docket No. 33388 (Sub-No. 63), RJCW seeks to acquire 
ownership of or trackage rights on Conrail's line of railroad between 
approximately MP 54.4 and approximately MP 52.1 in Lima, OH.
    In STB Finance Docket No. 33388 (Sub-No. 69), NYDOT and NYCEDC 
seek: (1) Full service trackage rights in favor of a rail carrier other 
than Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over 
the lines of Conrail between points of connection with the Delaware & 
Hudson Railway (D&H) at CP-160 near Schenectady, NY, and Selkirk Yard 
near Selkirk, NY, on the one hand, and, on the other, CP-75 near 
Poughkeepsie, NY, together with sufficient rights on tracks within 
Selkirk Yard to permit the efficient interchange of freight with D&H; 
(2) full service trackage rights in favor of a rail carrier other than 
Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over the 
lines of Conrail between the point of Conrail ownership at Mott Haven 
Junction (``MO''), NY, and the point of connection with the lines of 
the Long Island Railroad near Fresh Pond (``MONT''), NY, via the Harlem 
River Yard; and (3) to the extent necessary to permit uninterrupted 
rail freight transportation between CP-160 and/or Selkirk Yard, on the 
one hand, and, on the other, Fresh Pond, a declaration that, pursuant 
to 49 U.S.C. 11321(a), Metro-North Commuter Railroad Company, a 
subsidiary of the Metropolitan Transportation Authority of the State of 
New York, may grant unrestricted trackage rights over the lines between 
CP-75 and Mott Haven Junction to a rail carrier other than Conrail or 
CSX, notwithstanding any provisions of any agreements which purport to 
limit or prohibit such a grant.
    In STB Finance Docket No. 33388 (Sub-No. 72), BDRV and BRW seek: 
(1) Removal of the restriction on certain D&H trackage rights that 
prevents interchange between D&H and BDRV at Phillipsburg, NJ, and 
between D&H and BRW at Three Bridges, NJ; (2) a grant of overhead 
trackage rights to BDRV over lines to be acquired by NS from 
Phillipsburg, NJ, to Manville, NJ (a distance of 40 miles), or to some 
other operationally feasible point at which BDRV and CSXT can 
interchange traffic; (3) a grant of overhead trackage rights to BRW 
over lines to be acquired by NS from Three Bridges, NJ, to Manville, NJ 
(a distance of 13 miles), or to some other operationally feasible point 
at which BRW and CSXT can interchange traffic; and (4) a grant of 
overhead trackage rights to BDRV and BRW over lines to be acquired by 
NS between the BDRV-NS connection at Phillipsburg, NJ, and the BRW-NS 
connection at Three Bridges, NJ (a distance of 29 miles).
    In STB Finance Docket No. 33388 (Sub-No. 75), NECR seeks ``limited 
trackage rights'': (1) Between Palmer, MA, and West Springfield, MA, a 
distance of 18 miles, over the CRC line to be acquired by CSXT; (2) 
between West Springfield, MA, on the one hand, and, on the other, 
Albany, Selkirk, and Mechanicville, NY, a distance of 98 miles, over 
the CRC line to be acquired by CSXT; and (3) between Albany, NY, and 
the New Jersey/New York Shared Assets Area,\10\ a distance of 140 
miles, over the CRC line located on the west side of the Hudson River 
that is to be acquired by CSXT.\11\
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    \10\ The ``New Jersey/New York Shared Assets Area'' is 
apparently the area that applicants refer to as the North Jersey 
Shared Assets Area.
    \11\ NECR's use of the term ``limited trackage rights'' is 
intended to include: (a) The right to operate trains over the lines 
described in the text; and (b) the right to interchange with all 
carriers, including shortlines, at all junctions on the lines thus 
described.
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    In STB Finance Docket No. 33388 (Sub-No. 76), ISRR seeks: (1) 
Overhead trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's 
Petersburg Subdivision and Indianapolis Power & Light's Perry K 
facility, over the CRC line to be acquired by CSXT; (2) overhead 
trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's 
Petersburg Subdivision and Indianapolis Power & Light's Stout facility 
located on the line of the Indiana Rail Road Company (INRD), over a 
segment of the CRC line to be acquired by CSXT and a segment of the 
INRD line; (3) local trackage rights over CRC's lines in Indianapolis, 
IN, including the Indianapolis Belt Line, to be acquired by CSXT (ISRR 
seeks trackage rights over all CRC lines in Indianapolis needed to 
access the 2-to-1 shippers located in Indianapolis); (4) local trackage 
rights between Indianapolis and Shelbyville, IN, a distance of 27 
miles, over the CRC line to be acquired by CSXT; (5) local trackage 
rights between Indianapolis and Crawfordsville, IN, a distance of 44 
miles, over the CRC line to be acquired by CSXT; and (6) local trackage 
rights between Indianapolis and Muncie, IN, a distance of 55 miles, 
over the CRC line to be acquired by CSXT.\12\
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    \12\ ISRR's use of the term ``local trackage rights'' is 
intended to include: (a) The right to operate trains over the lines 
described in the text; (b) the right to interchange with all 
carriers, including shortlines, at all junctions on the lines thus 
described; and (c) the right to serve all shippers, sidings, and 
team tracks located on the lines thus described.
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    In STB Finance Docket No. 33388 (Sub-No. 77), IORY seeks: (1) 
Overhead trackage rights over CSXT between East Norwood, OH, and 
Washington Court House, OH, a distance of 65 miles, with the right to 
connect at Midland City with IORY's Greenfield branch; (2) local

[[Page 62110]]

trackage rights between Monroe, OH, and Middletown, OH, a distance of 5 
miles, over the CRC line to be acquired by NSR (with the right to 
connect at Middletown with CSXT and IORY's existing trackage rights 
through Middletown over the CRC line between Springfield and 
Cincinnati); (3) local trackage rights between Sidney, OH, and Quincy, 
OH, a distance of 10 miles, over the CRC line to be acquired by CSXT; 
(4) local trackage rights between Sharronville, OH, and Columbus, OH, a 
distance of 125 miles, over the CRC line to be acquired by NSR; (5) 
local trackage rights between Quincy, OH, and Marion, OH, a distance of 
52 miles, over the CRC line to be acquired by CSXT; (6) local trackage 
rights between Lima, OH, and Fort Wayne, IN, a distance of 59 miles, 
over the CRC line to be acquired by CSXT; (7) local trackage rights 
over CRC's Erie track in Lima, OH; and (8) local trackage rights 
between Quincy, OH, and Marysville, OH, over the CRC line to be 
acquired by CSXT.\13\
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    \13\ IORY's use of the term ``local trackage rights'' is 
intended to include: (a) The right to operate trains over the lines 
described in the text; (b) the right to interchange with all 
carriers, including shortlines, at all junctions on the lines thus 
described; and (c) the right to serve all shippers, sidings, and 
team tracks located on the lines thus described.
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    In STB Finance Docket No. 33388 (Sub-No. 78), AA seeks: (1) 
``Limited trackage rights'' between Toledo, OH, and Chicago, IL, via 
Elkhart, IN, a distance of 230 miles, over the CRC line to be acquired 
by NS; and (2) a condition permitting AA to interchange traffic with CP 
Rail System at Ann Arbor, MI.\14\
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    \14\ AA's use of the term ``limited trackage rights'' is 
intended to include: (a) The right to operate trains over the line 
described in the text; and (b) the right to interchange with all 
carriers, including shortlines, at all junctions on the line thus 
described.
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    In STB Finance Docket No. 33388 (Sub-No. 80), W&LE seeks: (1) 
Haulage and trackage rights to Chicago, IL, including access to Belt 
Railway of Chicago and rights for interchange with all carriers, 
specifically including WCL; \15\ (2) haulage and trackage rights from 
Bellevue, OH, to Toledo, OH, a distance of 54 miles, for an interchange 
with the Ann Arbor Railroad, Canadian National, and the Indiana & Ohio 
Railroad (also including access to British Petroleum for movement of 
coke to Cressup, WV); (3) haulage and trackage rights to Erie, PA, with 
the right to interchange with other railroads; (4) the right ``to lease 
to own'' CRC's Randall Secondary from Cleveland, MP 2.5, to Mantua, MP 
27.5; (5) the right ``to lease to own'' the Huron Branch (Shinrock to 
Huron) and Huron dock on Lake Erie; (6) haulage and trackage rights on 
CSX from Benwood to Brooklyn Junction and its yard facilities for 
commercial access to PPG and Bayer; (7) access on the Conrail Fort 
Wayne Line to the National Stone quarry near Bucyrus, via the Spore 
Industrial Track, a distance of 6.2 miles from CP Colsan, MP 200.5, on 
the Fort Wayne Line (access to the Fort Wayne line would be from the 
W&LE at CP Orr, MP 124, and from a point near Fairhope at MP 97.8); (8) 
trackage rights on the NS Sandusky District from Chatfield, OH, to 
Colsan, OH (for a junction with the Conrail Fort Wayne Line and access 
to the Spore Industrial Track); (9) access (apparently via trackage 
rights) to a stone quarry located on the Northern Ohio Railway at Maple 
Grove, via a junction on the NS Fostoria District at MP 269.4; (10) 
access (apparently via trackage rights over, among other lines, the 
former Conrail Akron Secondary) to the stone terminals in the 
Macedonia, Twinsburg, and Ravenna areas; (11) access, via haulage and 
trackage rights, to Wheeling Pittsburgh Steel at Allenport, PA; and 
(12) access, via haulage and trackage rights on the CSX New Castle 
Subdivision, to the Ohio Edison Power plant at Niles, OH, and to Erie, 
PA, for interchange to the Buffalo & Pittsburgh. W&LE also requests 
that provision be made for an inclusion proceeding in the event that 
W&LE fails during a post-merger oversight period.\16\
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    \15\ These rights would apparently run between Chicago, on the 
west, and Carey and/or Bellevue, OH, on the east.
    \16\ Various additional W&LE condition requests are scattered 
throughout the verified statements submitted by W&LE witnesses in 
the WLE-4 pleading filed October 21, 1997.
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    In STB Finance Docket No. 33388 (Sub-No. 81), CN and GTW seek 
trackage rights over the Conrail northbound mainline between 
approximately MP 16.5 and MP 18.0 at Trenton, MI, a distance of 
approximately 1.5 miles, for the purpose of serving Detroit Edison's 
Trenton Channel power plant.
    In STB Finance Docket No. 33388 (Sub-No. 83), GTW has filed a 
notice of exemption under 49 CFR 1150.36 to construct and operate, at 
Trenton, MI, a connection between the Conrail northbound mainline and 
the GTW Shoreline Subdivision.

Responsive Filings Accepted

    Because the responsive applications filed by NYSEG, EJE/IMRL, LAL, 
WCL, BLE, IC, RJCW, NYDOT/NYCEDC, BDRV/BRW, NECR, ISRR, IORY, AA, W&LE, 
and CN/GTW, and also the notice of exemption filed by GTW, are in 
substantial compliance with the applicable regulations, we are 
accepting for consideration such responsive applications and such 
notice of exemption.\17\
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    \17\ We reserve the right to require the filing of supplemental 
information from any responsive applicant or any other party or 
individual, if necessary to complete the record in this matter. See 
Decision No. 12, slip op. at 18 n.29, 62 FR at 39587 n.29.
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Public Inspection

    The responsive filings are available for inspection in the Docket 
File Reading Room (Room 755) at the offices of the Surface 
Transportation Board, 1925 K Street, N.W., in Washington, DC. The 
responsive filing made by any particular responsive applicant may also 
be obtained upon request from that applicant's representative named 
above.

Proceedings Consolidated

    The responsive filings in STB Finance Docket No. 33388 (Sub-Nos. 
35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, 81, and 83) are 
consolidated for disposition with the primary application in STB 
Finance Docket No. 33388 (and all embraced proceedings).

Comments May Be Submitted

    Interested persons may participate formally by submitting written 
comments regarding any or all of these responsive filings, subject to 
the filing and service requirements specified above. Such comments 
(referred to as ``Response[s]'' in the procedural schedule, see 
Decision No. 12, slip op. at 26, 62 FR at 39591) must be filed with the 
Board by December 15, 1997. Comments must include the following: the 
commenter's position in support of or in opposition to the transaction 
proposed in the responsive filing; any and all evidence, including 
verified statements, in support of or in opposition to such proposed 
transaction; and specific reasons why approval of such proposed 
transaction would or would not be in the public interest.

Requests for Affirmative Relief Will Not Be Accepted

    Because the responsive applications accepted for consideration in 
this decision contain proposed conditions to approval of the primary 
application in STB Finance Docket No. 33388, the Board will entertain 
no requests for affirmative relief with respect to these responsive 
applications. Parties may only participate in direct support of or in 
direct opposition to these responsive applications as filed.

[[Page 62111]]

Pleadings Not Treated as Responsive Applications

    A pleading styled as a ``responsive application'' was filed on 
October 21, 1997, in a sub-number docket (Sub-No. 74) under the STB 
Finance Docket No. 33388 lead docket by Congressman Dennis J. Kucinich. 
While titled as a responsive application, this pleading does not 
address the criteria for such applications as required under 49 CFR 
part 1180. Rather, this pleading constitutes a comment on, and a 
request for conditions with respect to, the CSX/NS/CR primary 
application, and we will treat it as such and will docket this pleading 
in the STB Finance Docket No. 33388 lead docket.
    Certain additional pleadings styled as ``responsive applications'' 
were filed in the STB Finance Docket No. 33388 lead docket on or about 
October 21, 1997, by: Jacobs Industries Ltd.; the State of Delaware 
Department of Transportation; ASHTA Chemicals Inc.; Southern Tier West 
Regional Planning and Development Board; and Resources Warehousing & 
Consolidation Services, Inc. Because these pleadings also do not 
satisfy the 49 CFR part 1180 requirements applicable to responsive 
applications, we will treat these pleadings as comments on, and/or 
requests for conditions with respect to, the CSX/NS/CR primary 
application.

Additional Pleadings Treated as Filed in Lead Docket

    Certain additional pleadings filed on or about October 21, 1997, 
though not labeled ``responsive applications,'' were filed in various 
sub-number dockets under the STB Finance Docket No. 33388 lead docket 
by: Northern Virginia Transportation Commission and Potomac and 
Rappahannock Transportation Commission (in Sub-No. 37); New Jersey 
Department of Transportation and New Jersey Transit Corporation (in 
Sub-No. 38); the Rhode Island Department of Transportation (in Sub-No. 
42); Buffalo & Pittsburgh Railroad, Inc., Allegheny & Eastern Railroad, 
Inc., Rochester & Southern Railroad, Inc., and Pittsburgh & Shawmut 
Railroad, Inc. (in Sub-Nos. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 
56); the Eastern Shore Railroad, Inc. (in Sub-No. 57); Louisville & 
Indiana Railroad Company (in Sub-No. 64); Housatonic Railroad Company, 
Inc. (in Sub-No. 70); the Canadian Pacific Railway Company, Delaware 
and Hudson Railway Company, Inc., Soo Line Railroad Company, and St. 
Lawrence & Hudson Railway Company Limited (in Sub-No. 85); and the 
Commonwealth of Massachusetts (in Sub-No. 86). Because these pleadings 
contain comments on, and/or requests for conditions with respect to, 
the CSX/NS/CR primary application, they will be docketed in, and they 
will be treated as having been filed in, the STB Finance Docket No. 
33388 lead docket.

 Electronic Submissions

    In addition to submitting an original and 25 paper copies of each 
document filed with the Board, parties are also requested to submit, on 
diskettes (3.5-inch IBM-compatible floppies) or compact discs, one 
electronic copy of each such document. Textual materials must be in, or 
be convertible by and into, WordPerfect 7.0. Spreadsheets must be in, 
or be convertible by and into, Lotus 1-2-3 Version 7.\18\ Each diskette 
or compact disc should be clearly labeled with the identification 
acronym and number of the corresponding paper document, see 49 CFR 
1180.4(a)(2), and a copy of such diskette or compact disc should be 
provided to any other party upon request. The data contained on the 
diskettes and compact discs submitted to the Board will be subject to 
the protective order applicable to this proceeding,\19\ and will be for 
the exclusive use of Board employees reviewing substantive and/or 
procedural matters in this proceeding. The flexibility provided by such 
computer data will facilitate timely review by the Board and its 
staff.\20\
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    \18\ Parties intending to submit spreadsheets in formats other 
than Lotus 1-2-3 Version 7 may wish to consult with our staff 
regarding such submissions. Some (though not all) spreadsheets 
prepared in other formats, though perhaps not convertible by and 
into Lotus 1-2-3 Version 7, may nevertheless be useable by our 
staff. For further information, contact Julia M. Farr, (202) 565-
1613.
    \19\ The protective order governing this proceeding was entered 
in Decision No. 1 (served April 16, 1997), and has been modified, in 
minor respects, in Decision Nos. 4, 15, 22, and 46 (served May 2, 
1997, August 1, 1997, August 21, 1997, and October 17, 1997, 
respectively).
    \20\ The electronic submission requirements set forth in this 
decision supersede, for the purposes of this proceeding, the 
otherwise applicable electronic submission requirements set forth in 
our regulations. See 49 CFR 1104.3(a), as amended in Expedited 
Procedures for Processing Rail Rate Reasonableness, Exemption and 
Revocation Proceedings, STB Ex Parte No. 527, 61 FR 52710, 52711 
(Oct. 8, 1996), 61 FR 58490, 58491 (Nov. 15, 1996).
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    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The responsive applications in STB Finance Docket No. 33388 
(Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 
81), and the notice of exemption in STB Finance Docket No. 33388 (Sub-
No. 83), are accepted for consideration, and are consolidated for 
disposition with the primary application in STB Finance Docket No. 
33388 (and all embraced proceedings).
    2. The parties shall comply with all provisions as stated above.
    3. This decision is effective on November 20, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.

    Decided: November 12, 1997.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30543 Filed 11-19-97; 8:45 am]
BILLING CODE 4915-00-P