[Federal Register Volume 59, Number 136 (Monday, July 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17356]
[[Page Unknown]]
[Federal Register: July 18, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32536]
Norfolk Southern Railway Company and CSX Transportation, Inc.--
Joint Relocation Project Exemption--Between Wateree and Foxville, SC
On June 21, 1994, Norfolk Southern Railway Company (NS) filed a
notice of exemption under 49 CFR 1180.2(d)(5) to relocate a line of
railroad in a joint project with CSX Transportation, Inc. (CSX). The
transaction was to have been consummated on or as soon as possible
after July 1, 1994.
NS and CSX have separate tracks between Wateree and Foxville, SC.
The joint project involves: (1) CSX's granting, under an agreement with
NS, trackage rights to NS between Milepost AKB-351.9 (Wateree) and
Milepost AKA-344.1 (Foxville), via Eastover Junction, SC (Milepost AKA-
349.3) (the joint track), a distance of approximately 7.8 miles in
Sumter and Richland Counties, SC; (2) NS' incidental abandonment of its
track extending between NS Milepost SB-5.0 at Wateree and NS Milepost
SB-12.2 at Foxville, a distance of 7.2 miles; and (3) NS' construction
of a connecting track at Foxville, between CSX Milepost AKA-344.1 and
NS Milepost SB-12.2.
The line relocation project will provide an alternate route for NS'
operations, thus obviating the need for NS trains to travel through an
area between Wateree and Foxville which is both swampy and difficult to
maintain. NS states that no shippers are located on the track to be
abandoned and that NS overhead traffic will be rerouted over the joint
track. NS asserts that the joint project will not generate any new
traffic, that there will not be an extension of NS rail service into
new territory, and that there will be no change in the competitive
structure of the rail carriers in the area.
The Commission will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the proposal involves, for example, a
change in service to shippers, expansion into new territory, or a
change in existing competitive situations. See, generally, Denver &
R.G.W.R. Co.--Jt. Proj.--Relocation over BN, 4 I.C.C.2d 95 (1987). The
Commission has determined that line relocation projects may embrace
trackage rights transactions such as the one involved here. See D.T.&
I.R.--Trackage Rights, 363 I.C.C. 878 (1981). Under these standards,
the embraced incidental abandonment, construction, and trackage rights
components require no separate approval or exemption when the
relocation project, as here, will not disrupt service to shippers and
thus qualifies for the class exemption at 49 CFR 1180.2(d)(5).
As a condition to the use of this exemption, any employees affected
by the trackage rights agreement will be protected by the conditions 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).
Petitions to revoke the exemption under 49 U.S.C. 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 Commission and served on:
Robert J. Cooney, Norfolk Southern Corporation, Three Commercial Place,
Norfolk, VA 23510-2191.
Decided: July 11, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-17356 Filed 7-15-94; 8:45 am]
BILLING CODE 7035-01-P
