[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Page 51969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26310]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 32760 (Sub-No. 24)]
The Burlington Northern and Santa Fe Railway Company; Trackage
Rights Exemption; Union Pacific Railroad Company and Southern Pacific
Transportation Company
The Union Pacific Railroad Company (UP) and Southern Pacific
Transportation Company (SP) have agreed to grant overhead trackage
rights and certain local access rights to The Burlington Northern and
Santa Fe Railway Company as follows: (a) Over a rail line owned by SP
extending from milepost 212.7 near Tower 105 at San Antonio, TX; and
(b) over a rail line owned by UP extending from milepost 235.9 near
Craig Junction, TX, to milepost 259.8 near SP Junction (Tower 112) via
Fratt, TX, a total distance of approximately 25.6 miles, for the
purpose of serving CPSB's (City Public Service Board of San Antonio)
facilities at Elmendorf, TX. The transaction was expected to be
consummated on September 24, 1997.1
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\1\ Under 49 CFR 1180.4(g)(1), a trackage rights exemption is
effective 7 days after the notice is filed. Although applicant
indicated that the proposed transaction would be consummated on
September 22, 1997, the notice was not filed until September 17,
1997, and thus the proposed transaction could not be consummated
before the September 24, 1997 effective date.
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These trackage rights are related to conditions imposed as part of
the UP/SP merger in Union Pacific Corporation, Union Pacific Railroad
Company, and Missouri Pacific Railroad Company--Control and Merger--
Southern Pacific Rail Corporation, Southern Pacific Transportation
Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The
Denver and Rio Grande Western Railroad Company, Finance Docket No.
32760 (Decision No. 44) (STB served Aug. 12, 1996); (Decision No. 52)
(STB served Sept. 10, 1996); and (Decision No. 61) (STB served Nov. 20,
1996).
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).
This notice is filed under 49 CFR 1180.2(d)(7). 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 to STB
Finance Docket No. 32760 (Sub-No. 24), must be filed with the Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, N.W., Washington, DC 20423-0001 and served on: Erika Z.
Jones, Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W.,
Washington, DC 20006 and Arvid E. Roach II, Covington & Burling, 1201
Pennsylvania Avenue, N.W., P. O. Box 7566, Washington, DC 20044-7566.
Decided: September 26, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-26310 Filed 10-2-97; 8:45 am]
BILLING CODE 4915-00-P
