[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Pages 61709-61710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29339]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32801]


Norfolk Southern Railway Company, Central of Georgia Railroad 
Company and Georgia Southwestern Division, South Carolina Central 
Railroad, Inc.--Joint Relocation Project Exemption--between Columbus 
and Albany, GA

    On October 31, 1995, Norfolk Southern Railway Company (NS), Central 
of Georgia Railroad Company (CofG) (collectively Norfolk Southern), and 
Georgia Southwestern Division, South Carolina Central Railroad, Inc. 
(GSWR), jointly filed a notice of exemption under 49 CFR 1108.2(d)(5) 
to relocate a line of railroad between Columbus and Albany, GA. The 
proposed transaction was expected to be consummated on or after 
November 7, 1995.
    GSWR operates a railroad line from Columbus to Bainbridge, GA, 
which includes a segment between Cusseta to Richland and Cuthbert, GA. 
GSWR also operates a line between Americus and Richland, GA. The 
Georgia & Alabama Division of South Carolina Central Railroad (GAD), an 
affiliate of GSWR, operates a line between Smithville and Cuthbert, GA.
    CofG owns, and NS operates, a railroad line from Columbus to 
Americus and Albany, GA. From Columbus to Ochillee, GA, the CofG line 
runs parallel to the GSWR line. The CofG line connects with GSWR at 
Americus and with GAD at Smithville, GA.
    Under the joint relocation project, the parties propose the 
following transactions: (1) Norfolk Southern will grant GSWR overhead 
trackage rights, including rights of ingress and egress, over its line 
between its yard at milepost 291.4-S in Columbus and milepost 12.0-O in 
Ochillee; (2) Norfolk Southern will lease its line between milepost 
12.0-O in Ochillee and milepost 61.5-O, the BV&E Junction, near 
Americus, to GSWR; 1 (3) Norfolk Southern will grant GSWR overhead 
trackage rights, with rights of ingress and egress, between milepost 
61.5-O, the BV&E Junction, near Americus and milepost 297.0-J in 
Albany; (4) GSWR will abandon its line of railroad between milepost 
SLB23 near Cusseta, Chattahoochee County and milepost 160, SLC746, near 
Cuthbert, Randolph County, a total of 38.1 miles, all in Chattahoochee, 
Stewart, and Randolph Counties, GA; and (5) NS and GSWR will construct 
a new track connection at Ochillee that will permit GSWR trains 
operating via trackage rights over the CofG line to enter and exit 
GSWR's line between Columbus and Cusseta. The notice states that 
service to shippers will not be disrupted and that the proposed 
construction and abandonment are incidental to this relocation project.

    \1\  The Commission exempted this lease from regulation under 49 
U.S.C. 10505 in Georgia Southwestern Division, South Carolina 
Central R. Co.--Lease and Operation Exemption--Norfolk Southern Ry. 
Co. and Central of Georgia Railroad Company, Finance Docket No. 
32738 (ICC served Oct. 5, 1995).
---------------------------------------------------------------------------

    The joint relocation project will relocate GSWR's linehaul railroad 
operations serving the Columbus area from its existing line between 
Cusseta and Cuthbert, which has no active customers, to Norfolk 
Southern's parallel line, which though underutilized is in better 
physical condition. The project will allow GSWR to liquidate its 
investment in the Cusseta-Cuthbert segment of its existing line and to 
continue to provide competitive linehaul service to customers in 
Columbus. It will also result in more intensive utilization of Norfolk 
Southern's line and generate trackage rights income for Norfolk 
Southern.
    The Commission will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993). 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 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, 
360 I.C.C. 653 (1980). 

[[Page 61710]]

    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 Railway Company, Central of Georgia 
Railroad Company, Three Commercial Place, Norfolk, VA 23510-2191; and 
Michael W. Blaszak, 211 South Leitch Avenue, LaGrange, IL 60525-2162.

    Decided: November 27, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-29339 Filed 11-30-95; 8:45 am]
BILLING CODE 7035-01-P