[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30174]
[[Page Unknown]]
[Federal Register: December 8, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549]
Burlington Northern Inc. and Burlington Northern Railroad
Company--Control and Merger--Santa Fe Pacific Corporation and The
Atchison, Topeka and Santa Fe Railway Company
AGENCY: Interstate Commerce Commission.
ACTION: Decision No. 7; Notice of postponement of procedural schedule.
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SUMMARY: The Commission is suspending the expedited procedural schedule
adopted in Decisions Nos. 4 and 5 in this proceeding, served,
respectively, on October 5, 1994 and November 10, 1994, pending the
outcome of the Santa Fe Pacific Corp.'s (SFP) shareholders' vote. Upon
approval by the shareholders of the proposed merger with Burlington
Northern Inc. (BNI), the Commission will immediately issue a new
schedule making the first comments due 30 days from the service date of
that decision and adjusting other dates in the procedural schedule
accordingly.
EFFECTIVE DATE: The effective date of this decision is December 8,
1994.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon or Dugie Standeford,
(202) 927-5610. [TDD for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: On October 13, 1994, pursuant to 49 U.S.C.
11343-47 and our rules at 49 CFR 1180.4, BNI, Burlington Northern
Railroad Company (BN), SFP, and The Atchison, Topeka and Santa Fe
Railway Company (Santa Fe) (collectively, applicants) filed an
application for approval of BNI's acquisition of, control of, and
merger with SFP, the resulting common control of BN and Santa Fe by the
merged company, the consolidation of BN and Santa Fe railroad
operations and the merger of BN and Santa Fe. Applicants also sought
exemption from regulation under 49 U.S.C. 10505 for the merged holding
company and merged railroad to control The Wichita Union Terminal
Railway Company (WUTR) [Finance Docket No. 32549 (Sub-No. 1)] and for
eleven construction projects related to the primary application
[Finance Docket No. 32549 (Sub-No. 2 through Sub-No. 12)].
By decision served and published on November 10, 1994, at 59 FR
56089 [Decision No. 5], we accepted the application for expedited
consideration and set certain filing dates pursuant to the procedural
schedule adopted in this proceeding in Decision No. 4, served October
5, 1994. We declined to extend the procedural schedule at that time as
requested by the National Industrial Transportation League (NITL). NITL
had requested an extension based upon its concern about the possibility
that the merger application would be modified or withdrawn as a result
of SFP's shareholder vote at their then scheduled meeting of November
18, 1994. One reason that we did not extend the schedule at that time
was because the vote was to take place on November 18 and comments from
parties and other interested persons were not due until December 27,
1994.
The November 18 shareholder meeting has been postponed twice and is
now scheduled to occur on December 16, 1994. NITL has renewed its
request for a postponement and others seek a postponement as
well1. Applicants oppose any postponement or modification of the
current schedule.
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\1\These include the Kansas City Southern Railway Company (KCS),
Southern Pacific Lines (SP), the Western Coal Traffic League (WCTL),
the Allied Rail Unions (ARU), and the Transportation-Communication
International Union (TCU) and United Transportation Union (UTU).
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We find that adherence to the expedited procedural schedule as it
now stands would not be in the best interests of the parties, other
interested persons or the Commission. If the shareholders approve the
BNI/SFP merger on December 16, 1994, there will be little time for
interested persons to comment by December 27, 1994. Accordingly, we
will hold the schedule in abeyance until such time as the SFP
shareholder vote occurs. Upon approval of the proposed BNI/SFP merger
by the shareholders, we will issue a new schedule, making the initial
comments due 30 days from the service date of our decision. Other dates
in the schedule will then be adjusted accordingly, or as appropriate.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
It is ordered:
1. The requests for extension or postponement of the expedited
procedural schedule adopted in Decisions 4 and 5 of this proceeding are
granted.
2. The procedural schedule will be held in abeyance until such time
as an SFP shareholder vote occurs. Upon approval of the proposed BNI/
SFP merger by the shareholders, we will immediately issue a new
schedule requiring the first comments to be filed 30 days from the
service date of our decision and adjusting other schedule dates
accordingly.
3. This decision is effective on December 8, 1994.
Decided: December 2, 1994.
By the Commission, Chairman McDonald, Vice Chairman Morgan,
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 94-30174 Filed 12-7-94; 8:45 am]
BILLING CODE 7035-01-P
