[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1553] [[Page Unknown]] [Federal Register: January 24, 1994] ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32430] Central Kansas Railway, Limited Liability Co.; Acquisition and Operation Exemption; Central Kansas Railway, Inc., and Certain Incidental Line Segments of the Atchinson, Topeka & Santa Fe Railway Co. and Burlington Northern Railroad Co. Central Kansas Railway, Limited Liability Company (CKRLLC), a noncarrier, has filed a notice of exemption to acquire and operate: (1) Approximately 890 miles of rail line owned by Central Kansas Railway, Inc. (CKR); (2) 3.05 miles of rail line owned by The Atchison, Topeka and Santa Fe Railway Company (Santa Fe); and (3) 17.03 miles of rail line owned by Burlington Northern Railroad Company (BN). CKRLLC also seeks to acquire incidental trackage rights over about 70 miles of track owned by Santa Fe, Union Pacific Railroad Company (UP), Missouri Pacific Railroad Company (MP), and St. Louis Southwestern Railway Company (SLSW). The proposed transaction was expected to be consummated on or after December 28, 1993. The rail lines involved in this transaction consist of: (A) CKR's lines (i) between milepost 20+4751.4 in Osborne, KS, including all industry, team, passing, house, and side track, and including all of CKR's yard tracks and side tracks at Salina; (ii) between milepost 11+1984 west Marion, KS, and milepost 98+1209.5 in Ellinwood, KS, including all industry, team, passing, house, and side track, and including all of CKR's yard tracks in Ellinwood and McPherson, KS; (iii) between milepost 20+2769.6 in Lorraine, KS, and milepost 57+2730 in Galatia, KS, including all industry, team, passing, house, and side tracks; (iv) between milepost 0+0 in Great Bend, KS, and milepost 120+1338.7 in Scott City, KS, including all industry, team, passing, house, and side tracks; (v) between milepost 120+169 in Scott City, KS, and milepost 125+4687 at Shallow Water, KS, including all industry, team, passing, house, and side tracks; (vi) between milepost 218.3 east of Monroe Street in Hutchinson, KS, and milepost 315+4230.1 in Kinsley, KS, including all industry, team, passing, house, and side tracks, and including all of CKR's yard tracks in Great Bend, KS; (vii) between milepost 0+0 at Larned, KS, and milepost 46+2483.5 in Jetmore, KS, including all industry, team, passing, house, and side tracks; (viii) between milepost 3+2640 near Darlow, KS, and milepost 59+4005.2 in Harper, KS; (ix) between milepost 59+4013.2 in Harper, KS, and milepost 128+0 in Blackwell, OK, including all industry, team, passing, house, and side tracks; (x) between milepost X-0+466.3 in Wellington, KS, including all industry, team, passing, house, and side tracks; (xi) between milepost 1.5 west of Seneca Street in Wichita, KS (including the remaining trackage on the Englewood Subdivision in Wichita) and milepost 79+3855 in Pratt, KS; (xii) between milepost 46+0 east of Rago, KS, and milepost 166+2917.7 in Englewood, KS, including all industry, team, passing, house, and side tracks; and (xiii) between milepost 49+1784 at O.B. Junction, near Belvidere, KS, and milepost 0+1016 in Attica, KS, including all industry, team, passing, house, and side tracks and including the entire spur line located near Sun City, KS; (B) Santa Fe's lines (i) between milepost 9+3586 and milepost 11+1984 (a 1.7-mile portion of the McPherson Subdivision in Marion, KS); and (ii) between milepost 0+1512 and milepost 1+3345 (a 1.35-mile portion of the Englewood Subdivision); (C) BN's line between milepost 594.03 in Lorraine, KS, and milepost 577.0 in Lyons, KS; and (D) incidental trackage rights over the following lines: (i) Santa Fe's Hutchinson Subdivision rail line between milepost 218.3 at or near Monroe Street and milepost 213+4333 in Hutchinson, KS, including Santa Fe's Hutchinson, KS ``Way'' Yard Track Nos. 144, 259, 304, 260, 261, 221, 174, 172, 171, 241, 220, 169, and 168; (ii) Santa Fe's H & S Subdivision rail line between milepost 2+2640 and milepost 3+2640 north of Darlow, KS; (iii) Santa Fe's Wichita Subdivision rail line between milepost 1.5 west of Seneca Street in Wichita, KS, and Santa Fe's Wichita Subdivision milepost 0+1365, being also Wichita Terminal milepost 213+1378, and further beyond, to North Junction Wichita Terminal milepost 211+3610, being also Santa Fe's Arkansas City Subdivision milepost 211+3610, and further beyond to Santa Fe's Arkansas City Subdivision milepost 208+2320, including Santa Fe's Wichita, KS Yard Track Nos. 32, 204, 243, 1, 143, 244, 122, 242, 113, 237, 236, 307, 308, 195, 344, and 124; (iv) Santa Fe's H & S Subdivision and Waynoka Subdivision rail lines between Santa Fe's H & S Subdivision, milepost 59+4005.2 on the north, and Santa Fe's H & S Subdivision milepost 59+4013.2 on the south, and between Waynoka Subdivision milepost 273+0 on the east, and Waynoka Subdivision milepost 275+0 on the west, including Santa Fe's Harper, KS Yard Track Nos. 1, 11, 12, 14, 31, 32, 33, 37, 43, 45, and 47; (v) Santa Fe's Medicine Lodge Subdivision rail line, between milepost 0+1016 and milepost 0+0 in Attica, KS, and also Santa Fe's Waynoka Subdivision rail line between milepost 285+1600 in Attica, KS, including Santa Fe's Attica, KS Yard Track Nos. 21, 20, 19, 18, 15, and 9; (vi) Santa Fe's H & S and Waynoka Subdivision rail lines in Wellington, KS, between H & S Subdivision X-0+466.3 on the south, H & S Subdivision X-0+0 on the North, Waynoka Subdivision milepost 238+2331.8 on the west, and Waynoka Subdivision milepost 237+1068 on the east, including Santa Fe's Wellington, KS Yard Track Nos. 19, 104, 186, 187, 218, 219, and 222; (vii) MP's rail line between milepost 487.10 at Newton, KS, and milepost 516.52 at McPherson, KS, including the segment of track extending about 116 feet in a southerly direction from milepost 487.10, and including MP's Siding Track No. 6 at Hesston, KS, and Siding Track No. 1 at Moundridge, KS; (viii) UP's rail line between milepost 164.7 in Abilene, KS, and milepost 184.6 at Salina, KS; and (ix) SLSW's rail line between milepost 246.46 and milepost 243.56 in Hutchinson, KS. This proceeding is related to Finance Docket No. 32431, Patrick D. Broe--Continuance in Control Exemption--Central Kansas Railway, Limited Liability Company, wherein Patrick D. Broe has concurrently filed a notice of exemption to continue in control of CKRLLC when CKRLLC becomes a rail carrier upon consummation of the transaction described in this notice. Any comments must be filed with the Commission and served on: Louis E. Gitomer, Suite 210, 919 18th Street, NW, Washington, DC 20006. This notice is filed under 49 CFR 1150.31. If the notice contains false or misleading information, the exemption is void ab initio. 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 automatically stay the transaction. Decided: January 13, 1994. By the Commission, David M. Konschnik, Director, Office of Proceedings. Sidney L. Strickland, Jr., Secretary. [FR Doc. 94-1553 Filed 1-21-94; 10:00 am] BILLING CODE 7035-01-P