[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