[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28196]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32605]

 

Missouri Pacific Railroad Company, Union Pacific Railroad 
Company, and Central Kansas Railway L.L.C.--Joint Relocation Project 
Exemption--in Kansas

    On October 20, 1994, Missouri Pacific Railroad Company (MP) and 
Union Pacific Railroad Company (UP) filed a notice of exemption under 
49 CFR 1180.2(d)(5) to relocate a line of railroad at Salina, in Saline 
County, KS.\1\ The joint relocation project involves the: (1) 
acquisition by MP/UP of overhead trackage rights on approximately 1.7 
miles of parallel line belonging to the Central Kansas Railway L.L.C. 
(CK) between mileposts 20.4 and 22.1; (2) construction of a new 
connection at milepost 186.63 on UP's east-west main line, just to the 
south of the jointly owned CK/UP Union Depot, to give MP/UP access to 
the CK trackage rights; and (3) incidental abandonment and 
discontinuance by MP of a 0.78-mile portion of its Trigo Industrial 
Lead between milepost 494.65 and milepost 495.43. The parties have 
stated their intention to consummate the transaction on or after the 
October 27, 1994 effective date of the exemption. The Railway Labor 
Executives' Association petitioned for imposition of labor protective 
conditions.
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    \1\UP, a class I rail carrier, owns a main line that extends 
generally in an east-west route through Salina. Another UP line 
extends generally in a southern route from the east-west UP route 
near Salina.
    MP, a class I rail carrier and UP's corporate affiliate, owns 
and operates the Trigo Industrial Lead, a line that partially 
parallels UP's east-west route. The Trigo Industrial Lead also 
crosses the UP southern route at Salina.
    CK, a limited liability rail carrier, owns a short line of 
railroad at Salina that parallels to the south UP's east-west route 
and is near the jointly owned UP/CK Union Depot.
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    MP/UP contend that service to shippers will not be disrupted and 
otherwise that there will be no adverse effect on shippers. The 
proposed joint relocation project is intended to facilitate their 
interchange capabilities, and the connecting track will give them 
access to the Trigo Industrial Lead to ensure continued rail service to 
MP's customers. Citing Denver & R.G.W.R. Co.-JT. Proj.-Relocation Over 
BN, 4 I.C.C.2d 95 (1987) (Joint Project), they further contend that the 
proposed joint relocation project will not involve a change in service 
to shippers, an expansion into new territory, or a change in existing 
competitive situations.
    The Commission generally does not assume jurisdiction over the 
incidental abandonment, discontinuance, and construction components of 
a relocation project if, as alleged here, none of the criteria set out 
in Joint Project will be triggered. Accordingly, the proposed 
abandonment, discontinuance, and construction are not subject to 
Commission jurisdiction.
    The remainder of the joint relocation project involves UP/MP's 
acquisition of overhead trackage rights from CK. The Commission has 
determined that line relocations may also embrace trackage rights 
transactions such as the one proposed here. See D.T. & I.R.--Trackage 
Rights, 363 I.C.C. 878 (1981). Because the joint relocation project 
will not disrupt service to shippers, the proposed trackage rights 
qualify for exemption under the class exemption procedures at 49 CFR 
1180.2(d)(5).
    As a condition to the use of this exemption, any employees affected 
by the trackage rights agreement 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 
Operation, 360 I.C.C. 653 (1980).
    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 stay the 
transaction. Pleadings must be filed with the Commission and served on: 
Joseph D. Anthofer, and Jeanna L. Regier, 1416 Dodge Street, Room 830, 
Omaha, NE 68179.

    Dated: November 4, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28196 Filed 11-15-94; 8:45 am]
BILLING CODE 7035-01-P