[Federal Register Volume 60, Number 202 (Thursday, October 19, 1995)]
[Notices]
[Page 54088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25941]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-452 (Sub-No. 1X)]


The Western Stock Show Association--Abandonment Exemption--in 
Denver, CO

[Docket No. AB-6 (Sub-No. 374)]
Burlington Northern Railroad Company--Adverse Discontinuance--in 
Denver, CO
[Docket No. AB-33 (Sub-No. 92)]
Union Pacific Railroad Company--Adverse Discontinuance--in Denver, CO
[Docket No. AB-446 (Sub-No. 2)]
Denver Terminal Railroad Company--Adverse Discontinuance--in Denver, CO
AGENCY: Interstate Commerce Commission.

ACTION: Exemption from statutory provisions concerning posting of 
notice of intent and filing of system diagram map.

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SUMMARY: Under 49 U.S.C. 10505, the Commission is exempting The Western 
Stock Show Association from the requirements (1) that it post a notice 
of intent to discontinue service in terminals and stations on the 
subject line, and (2) that it file with the Commission a system diagram 
map (SDM) identifying and describing the subject line. The Commission 
is granting an exemption in light of the adverse nature of the involved 
applications for discontinuance of service.

DATES: The exemption will take effect on October 19, 1995. Petitions to 
reopen must be filed by November 8, 1995.

ADDRESSES: Send pleadings referring to Docket No. AB-452 (Sub-No. 1X), 
et al., to: (1) Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, 1201 Constitution Avenue, N.W., 
Washington, DC 20423; and (2) petitioner's representative: John 
Broadley, Jenner & Block, 12th Floor, 601 13th Street, N.W., 
Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The Western Stock Show Association (WSSA) 
has concurrently filed three adverse discontinuance applications and an 
abandonment exemption petition. WSSA owns land and rail facilities that 
the Denver Terminal Railroad Company (DTRC) is leasing to provide 
service in Denver, CO. In addition to DTRC, Burlington Northern, Inc., 
and the Union Pacific Railroad Company may have trackage rights over 
the subject line. WSSA does not have access to any of the three 
carriers' facilities and is unable to cause them to file SDM's. 
Accordingly, WSSA seeks exemption from the provisions of 49 U.S.C. 
10904(a)(3)(B), which requires posting in terminals and stations of a 
notice of intent to discontinue service, and 49 U.S.C. 10904(e)(3), 
which allows the Commission to grant an opposed discontinuance 
application only if the subject line has been identified in an SDM 
filed with the Commission at least 4 months before the application was 
filed. The Commission is granting the exemption, finding that a denial 
is not required to carry out the rail transportation policy of 49 
U.S.C. 10101a, the matter is of limited scope, and strict adherence to 
the statutory requirements is not needed to protect shippers from the 
abuse of market power. In its decision granting exemption, the 
Commission also is granting WSSA a waiver of certain regulatory 
requirements relating to the submission of service and financial 
information and to the notice and SDM matters discussed above.
    Additional information is contained in the Commission's decision. 
To purchase a copy of the full decision, write to, call, or pick up in 
person from: DC NEWS & DATA, INC., Interstate Commerce Commission 
Building, 1201 Constitution Avenue, N.W., Room 2229, Washington, DC 
20423. Telephone: (202) 289-4357/4359. [Assistance for the hearing 
impaired is available through TDD services (202) 927-5721.]

    Decided: October 11, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25941 Filed 10-18-95; 8:45 am]
BILLING CODE 7035-01-P