96-11621. CSX Transportation, Inc.Trackage Rights ExemptionEast Cooper and Berkeley Railroad Company  

  • [Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
    [Notices]
    [Page 21223]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-11621]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    Surface Transportation Board 1
    [STB Finance Docket No. 32931]
    
    
    CSX Transportation, Inc.--Trackage Rights Exemption--East Cooper 
    and Berkeley Railroad Company
    
        CSX Transportation, Inc. (CSXT) has filed a verified notice under 
    49 CFR 1180.2(d)(7) to acquire overhead trackage rights from East 
    Cooper and Berkeley Railroad (ECBR) between milepost 0.00 at State 
    Junction, SC, to milepost 14.8 thence over newly constructed trackage 
    2 for a distance of approximately 2.2 miles to the property line 
    of Nucor Corporation (Nucor), for a total distance of approximately 17 
    miles in Berkeley County, SC.
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        \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
    Stat. 803, which was enacted on December 29, 1995, and took effect 
    on January 1, 1996, abolished the Interstate Commerce Commission and 
    transferred certain functions to the Surface Transportation Board 
    (Board). This notice relates to functions that are subject to Board 
    jurisdiction pursuant to 49 U.S.C. 11323.
        \2\ See East Cooper and Berkeley Railroad--Construction and 
    Operation Exemption--in Berkeley County, SC, Finance Docket No. 
    32704, (ICC served Dec. 13, 1995).
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        The trackage rights became effective on May 2, 1996.
        The notice states that the CSXT's use of the ECBR track will enable 
    CSXT to provide direct linehaul service to Nucor and any satellite 
    industries that might be constructed adjacent to the Nucor mill. This 
    direct access will enable CSXT to offer intermodal competition for 
    shipments to and from the Nucor mill and any satellite industries.
        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, 354 I.C.C. 
    732 (1978) and 360 I.C.C. 653 (1980).
        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.
        Any pleadings must be filed with the Surface Transportation Board, 
    Office of the Secretary, Case Control Branch, 1201 Constitution Avenue, 
    N.W., Washington, DC 20423 and served on: John W. Humes, Jr., Senior 
    Counsel, CSX Transportation, Inc., 500 Water Street, J-150, 
    Jacksonville, FL 32202.
        Decided: May 3, 1996.
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 96-11621 Filed 5-8-96; 8:45 am]
    BILLING CODE 4915-00-P
    
    

Document Information

Published:
05/09/1996
Department:
Transportation Department
Entry Type:
Notice
Document Number:
96-11621
Pages:
21223-21223 (1 pages)
Docket Numbers:
STB Finance Docket No. 32931
PDF File:
96-11621.pdf