[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Notices]
[Page 46134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21914]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32756]


Union Pacific Railroad Company and Burlington Northern Railroad 
Company--Joint Relocation Project Exemption--in Fort Collins, CO

    On August 2, 1995, Union Pacific Railroad Company (UP) and 
Burlington Northern Railroad Company (BN) jointly filed a notice of 
exemption under 49 CFR 1180.2(d)(5) to relocate a line of railroad over 
the BN in Fort Collins, Larimer County, CO. The proposed transaction 
was expected to be consummated on, or soon after August 9, 1995.
    UP and BN are class I rail carriers that own and operate separate 
lines of railroad in and near the City of Fort Collins, CO. UP's tracks 
are located on its line of railroad known as the Fort Collins Branch 
which extends from LaSalle, CO westward to Fort Collins. Also, LaSalle 
at milepost 47.2, is a station on UP's mainline known as the Greeley 
Branch, which is generally a north-south route.
    The rail lines located at Fort Collins between Mulberry Street and 
Lemay Avenue, are the subject of this joint relocation project. Both BN 
and UP have rail lines that extend past Mulberry Street to other points 
in Fort Collins and past Lemay Avenue, the BN line extending to 
Greeley, CO and the UP line extending to LaSalle.
    Under the joint relocation project, UP and BN propose the following 
transactions: (1) BN will grant UP overhead trackage rights over BN's 
track between BN mileposts 75.48, near Mulberry Street, and BN milepost 
76.04, near Lemay Avenue, a distance of 0.56 mile at Fort Collins; (2) 
UP's incidental abandonment and discontinuance of operation over a 
segment of UP's Fort Collins branch line between milepost 31.23, near 
Mulberry Street, and milepost 30.66, near Lemay Avenue, at Fort 
Collins, a distance of approximately 0.57 mile; and (3) the incidental 
construction of connecting tracks between existing UP and BN rail 
lines. One of the connections is located near Mulberry Street and the 
other connection near Lemay Avenue. The portion of the track to be 
constructed is located on the respective parties' property. The notice 
states that construction of the connector tracks are an important part 
of the relocation in order for UP to operate the trackage rights over 
BN.
    The line relocation project is to improve operational and 
maintenance practices for UP and BN, and will benefit the City of Fort 
Collins. UP's two road crossings at the major streets of Mulberry 
Street and Lemay Avenue will be eliminated.
    UP and BN state that there are no UP rail stations on the segment 
of the line in the incidental abandonment, no new traffic will be 
generated by the proposed transaction and there will be no extension of 
rail service into new territory. The notice also states that there will 
be no adverse effect on shippers and no impact or change in the 
competitive situation of rail carriers in the area.
    The Commission will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993). The Commission has determined that line 
relocation projects may embrace trackage rights transactions such as 
the one involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 
(1981). Under these standards, the embraced incidental abandonment, 
construction, and trackage rights components require no separate 
approval or exemption when the relocation project, as here, will not 
disrupt service to shippers and thus qualifies for the class exemption 
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 
Operate, 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, 1416 Dodge Street, Room 830, Omaha, NE 68179.

    Decided: August 28, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-21914 Filed 9-1-95; 8:45 am]
BILLING CODE 7035-01-P