[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Notices]
[Pages 40725-40726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16492]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33883]


Iowa Interstate Railroad, Ltd. and Union Pacific Railroad 
Company--Joint Relocation Project Exemption--in Council Bluffs, 
Pottawattamie County, IA

    On June 13, 2000, Iowa Interstate Railroad, Ltd. (IAIS) and Union 
Pacific Railroad Company (UP) filed a notice of exemption under 49 CFR 
1180.2(d)(5) to relocate certain lines of railroad in Council Bluffs, 
Pottawattamie County, IA. The transaction was scheduled to be 
consummated on or after June 20, 2000.\1\
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    \1\ The representatives of both IAIS and UP have acknowledged by 
telephone that the earliest the transaction could go forward was 
June 20, 2000.
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    Under the joint relocation project, IAIS and UP propose the 
following transactions:
    (1) IAIS will grant UP trackage rights between IAIS milepost 488.0 
and IAIS milepost 486.8.
    (2) UP will grant IAIS trackage rights between UP milepost 503.6 
and UP milepost 504.05, and over the connecting track between this UP 
track segment and the IAIS near IAIS milepost 486.8.
    (3) UP's operations north and west of UP milepost 504.05 will be 
moved to the IAIS trackage described in (1) above. The UP track between 
UP milepost 504.05 and UP milepost 505.2 will be abandoned and removed.
    The proposed joint relocation project will not disrupt service to 
shippers.\2\ Its purpose is to consolidate UP and IAIS operations on 
the IAIS line described above, to abandon the parallel UP track, and to 
eliminate 11 public grade crossings in metropolitan Council Bluffs. In 
addition, the project will facilitate expansion of a shipper facility

[[Page 40726]]

located just north of UP milepost 504.05.
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    \2\ There are no shippers served by the UP track to be 
abandoned.
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    The Board 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), aff'd sub nom., Detroit/Wayne County Port 
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). 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 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 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, 360 I.C.C. 
653 (1980).
    If the notice 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 STB Finance 
Docket No. 33883, must be filed with the Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on T. Scott Bannister, Esq., 1300 Des Moines Building, Des 
Moines, IA 50309.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 23, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-16492 Filed 6-29-00; 8:45 am]
BILLING CODE 4915-00-P