[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Pages 27383-27384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13687]



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DEPARTMENT OF TRANSPORTATION
    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323-24.
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[STB Finance Docket No. 32959]


Union Pacific Railroad Company--Trackage Rights Exemption--
Chicago, Central and Pacific Railroad Company

    Chicago, Central and Pacific Railroad Company (CCP) has agreed to 
grant overhead trackage rights to Union Pacific Railroad Company (UP). 
CCP will grant UP overhead trackage rights in a north-south direction 
from the point of switch of the connection at CCP milepost 455.8, near 
Arion, to the point of switch of the connection at CCP milepost 512.2, 
near Council Bluffs, IA, a total distance of approximately 56.4 miles. 
The trackage rights are located in

[[Page 27384]]

Crawford, Harrison, and Pottawattamie Counties, IA.2
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    \2\ On May 21, 1996, the Board concurrently received UP and 
CCP's request in STB Finance Docket No. 32959 (Sub-No. 1), Petition 
for Partial Revocation of Class Exemption and for Temporary 
Exemption of Trackage Rights, that the Board permit the trackage 
rights arrangement to extend only until August 1, 1996. That 
petition will be addressed by the Board in a separate decision.
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    The transaction was scheduled to be consummated on, or as soon as 
possible after, the effective date of the exemption. Because the notice 
of exemption was filed on May 21, 1996, the transaction could be 
consummated no sooner than May 28, 1996.
    The purposes of the trackage rights are: (1) to allow UP to operate 
over an alternate line while UP's parallel line is undergoing repair; 
and (2) to allow use of the trackage rights as required to alleviate 
congestion on UP's parallel track.
    As a condition to this exemption, any employees affected by the 
trackage rights 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, 354 I.C.C. 
732 (1978) and 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32959, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Joseph D. Anthofer, General Attorney, 1416 
Dodge Street, No. 830, Omaha, NE 68179.

    Decided: May 28, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13687 Filed 5-30-96; 8:45 am]
BILLING CODE 4915-00-P