[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]



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

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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