[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Pages 1996-1997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1053]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Finance Docket No. 32843]


Norfolk and Western Railway Company and The Cincinnati, New 
Orleans and Texas Pacific Railway Company; Trackage Rights Exemption; 
Consolidated Rail Corporation

    Consolidated Rail Corporation (Conrail) has agreed to grant 
overhead trackage rights to Norfolk and Western Railway Company and The 
Cincinnati, New Orleans and Texas Pacific Railway Company 
(collectively, NS), over the following trackage: (1) Approximately 6.1 
miles between Bannon, milepost 137.6 at South Columbus, and CP-Camp, 
milepost 131.5 at Columbus, OH; (2) approximately 0.6 miles between CP-
Camp, milepost 131.5, and the Auburn Switch, milepost 139.7 at 
Columbus, OH; and (3) approximately 115.3 miles between the Auburn 
Switch, milepost 139.7, and milepost 255.0 at Cincinnati, OH. Overhead 
trackage rights also are granted by Conrail to NS over a secondary 
route in and around Columbus, OH, as follows: (1) Approximately 5.2 
miles between CP-Camp, milepost 131.5, and CP-Mounds, milepost 126.3 at 
Columbus, OH, and (2) approximately 5.9 miles between CP-Mounds and W. 
Alton, milepost 146.0 at Columbus, OH. The total trackage rights over 
both routes is 133.1 miles.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to section 
11323. Therefore, this notice applies the law in effect prior to the 
Act, and citations are to the former section of the statute, unless 
otherwise indicated.
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    The purpose of this transaction is to provide NS with a more 
efficient route for traffic moving between or through Cincinnati and 
Columbus, OH. The trackage rights were to become effective on or after 
December 29, 1995.
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the 

[[Page 1997]]
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) [formerly 10505(d)] may be filed at any time. The 
filing of a petition to revoke will not stay the transaction. Pleadings 
must be filed with the Board and served on: Robert J. Cooney, Norfolk 
Southern Corporation, 3 Commercial Place, Norfolk, VA 23510-2191.
    As a condition to use of this exemption, any employees adversely 
affected by the trackage rights will be protected pursuant to 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: January 17, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1053 Filed 1-23-96; 8:45 am]
BILLING CODE 4915-00-P