[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23214]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-8 (Sub-No. 29X)]

 

The Denver and Rio Grande Western Railroad Company--
Discontinuance of Trackage Rights Exemption--in Dickinson, Morris, 
Lyon, Osage, Franklin, Miami and Johnson Counties, KS, and Jackson 
County, MO

    The Denver and Rio Grande Western Railroad Company (DRGW) has filed 
a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuance of Trackage Rights to discontinue its trackage 
rights over 173.25 miles of rail line owned by the Missouri Pacific 
Railroad Company (MP)\1\ between milepost 278.39 at or near Kansas 
City, MO and milepost 451.64 at or near Herington, KS, in Dickinson, 
Morris, Lyon, Osage, Franklin, Miami and Johnson Counties, KS, and 
Jackson County, MO (The Line).\2\
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    \1\The trackage rights were granted in an agreement between MP 
and DRGW in 1982.
    \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 October 
18, 1994. Because the verified notice was not filed until August 30, 
1994, consummation should not have been proposed to take place prior 
to October 19, 1994. Applicant's representative has confirmed that 
the correct consummation date is on or after October 19, 1994.
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    DRGW's discontinuance of trackage rights will allow MP, owner of 
the The Line, to consummate abandonment of the portion of The Line 
pursuant to its filing in Docket No. AB-3 (Sub-No. 111X), Missouri Pac. 
R. Co.--Aban.--Osage & Morris Count., KS, 9 I.C.C.2d 1228 (1993).
    MP has also sought to abandon another portion of The Line in 
Missouri Pacific Railroad Company--Abandonment--in Miami, Franklin and 
Osage Counties, KS, Docket No. AB-3 (Sub-No. 115X), (ICC served Aug. 
11, 1994), instituting an investigation under the modified procedure.
    DRGW 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 can be rerouted;
    (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 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 October 19, 1994, unless stayed pending reconsideration. 
Petitions to stay must be filed by September 29, 1994. Petitions to 
reopen must be filed by October 11, 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, 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: Gary A. Laakso, General Attorney, Southern 
Pacific Lines, Southern Pacific Building, One Market Plaza, room 846, 
San Francisco, CA 94105.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.


    Decided: September 12, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23214 Filed 9-16-94; 8:45 am]
BILLING CODE 7035-01-P