[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20057]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-3 (Sub-No. 118X)]

 

Missouri Pacific Railroad Company--Discontinuance of Trackage 
Rights Exemption--Perry County, 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 its trackage rights 
over approximately 7.2 miles of rail line owned by Illinois Central 
Railroad Company (IC)1 between milepost G-59.20 (Valuation Station 
3132+45) in Pinckneyville, and milepost G-66.43 (Valuation Station 
280+79) in Pyatts, both in Perry County, IL.2
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    \1\The trackage rights were granted in an agreement between IC 
and MP dated May 7, 1929.
    \2\Under 49 CFR 1152.50(d)(2), the railroad must file a verified 
notice with the Commission at least 50 days before the abandonment 
or discontinuance is to be consummated. The applicant, in its 
verified notice, indicated a proposed consummation date of September 
14, 1994. Because the verified notice was not filed until July 27, 
1994, consummation should not have been proposed to take place prior 
to September 15, 1994. Applicant's representative has confirmed that 
the correct consummation date is on or after September 15, 1994.
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    MP indicates that operations by other carriers will continue on a 
portion of the line. IC intends to abandon a portion of the line by 
notice of exemption filed July 26, 1994, in Docket No. AB-43 (Sub-No. 
164X).
    MP has certified with respect to the trackage rights involved here 
that: (1) no local traffic has moved over the line for at least 2 
years; (2) 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 
under 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.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 15, 1994, unless stayed pending reconsideration. 
Petitions to stay must be filed by August 29, 1994. Petitions to reopen 
must be filed by September 6, 1994, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 
20423.4
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    \4\ Because this is a discontinuance proceeding only and other 
carriers will continue to provide service over a portion of the 
line, the routine provisions for trail use/rail banking or public 
use conditions provided for in abandonment proceedings are not 
appropriate here.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Joseph D. Anthofer, 1416 Dodge Street, Room 
830, Omaha, NE 68179.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.

    Decided: August 9, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20057 Filed 8-15-94; 8:45 am]
BILLING CODE 7035-01-P