[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3116]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-3 (Sub-No. 114X)]

 

Exemption Missouri Pacific Railroad Company--Discontinuance of 
Trackage Rights and Lease Exemption--in Perry and Randolph Counties, IL

    Missouri Pacific Railroad Company (MP) has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments and 
Discontinuances of Trackage Rights to discontinue trackage rights on 
approximately 3.7 miles of rail line and lease of a 945 foot portion of 
connecting track owned by Illinois Central Railroad Company (IC), 
successor to Gulf, Mobile & Ohio Railroad Company (GM&O).1 The 
trackage rights involve: (1) That portion of the Leahy spur owned by 
GM&O from point of switch at survey station 30504 plus 07 to the east 
right-of-way line of GM&O approximately 305 feet; (2) that portion of 
GM&O's main line between survey station 30504 plus 07 (south of 
Willisville, IL) and survey station 30504 plus 93.5 at Percy, IL; and 
(3) that portion of MP-GM&O connecting track from survey station 30698 
plus 03.5 approximately 310 feet. The lease involves that portion of 
the MP-GM&O connecting track owned by GM&O extending from survey 
station 30698 plus 03.5 to the point where the connecting track 
intersects the west right-of-way line of GM&O.2 All involved line 
segments are located in Perry and Randolph Counties, IL.
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    \1\For purposes of clarity and consistency, the rail line 
segments involved in the trackage rights and lease agreement are 
identified, as they are in the notice filed by MP, with reference to 
the predecessor entity, GM&O.
    \2\The trackage rights and lease of track were approved by the 
Commission in Finance Docket No. 26669, Missouri Pacific Railroad 
Company--Trackage Rights Etc.--Gulf, Mobile & Ohio Railroad Company, 
served August 16, 1971. Pursuant to the trackage rights/lease 
agreement of May 14, 1971, as amended by an agreement of September 
30, 1986, between GM&O and MP, the lease of track and trackage 
rights were terminated on December 31, 1987.
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    MP indicates that operations by other carriers will continue on a 
portion of the involved line. IC intends to abandon a portion of the 
line by Notice of Exemption filed January 24, 1994, in Docket No. AB-43 
(Sub-No. 165X).
    MP has certified that: (1) No local traffic has moved pursuant to 
the trackage rights or lease operation over this line for at least 2 
years; (2) no overhead traffic has moved over this line for at least 2 
years and any overhead traffic on the line has been rerouted over other 
lines; (3) no formal complaint filed by a user of rail service on the 
line (or by a State or local government entity acting on behalf of such 
user) regarding cessation of service over the line either is pending 
with the Commission or with any U.S. District Court or has been decided 
in favor of the complainant within the 2-year period; and (4) the 
requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.3
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    \3\No environmental or historical documentation is required here 
pursuant to 49 CFR 1105.6(b)(3).
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    As a condition to use of this exemption, any employee adversely 
affected by the discontinuance shall be protected under Oregon Short 
Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10505(d) must be filed.
    This exemption will be effective on March 12, 1994, unless stayed 
pending reconsideration. Petitions to stay must be filed by February 
21, 1994. Petitions to reopen must be filed by March 2, 1994, with: 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.4
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    \4\As this is a discontinuance only, no public use or trail 
conditions may be imposed.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Joseph D. Anhofer, 1416 Dodge Street, Room 
830, Omaha, NE 68179.
    If this notice of exemption contains false or misleading 
information, the exemption is void ab initio.

    Decided: February 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-3116 Filed 2-9-94; 8:45 am]
BILLING CODE 7035-01-P