[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
