[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Page 32562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15310]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32715]
Cen-Tex Rail Link, Ltd.\1\--Trackage Rights Exemption--Burlington
Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway
Company \2\
\1\ Cen-Tex is under common control and management with South
Orient Railroad Company, Ltd. (SORC). A continuance in control
transaction was exempted by the Commission in Joel T. Williams, III,
Roy C. Coffee, Jr., Rafael Fernandez-MacGregor, and Bristol
Investment Co., Inc.--Continuance in Control Exemption--Cen-Tex Rail
Link, Ltd. and South Orient Railroad Company, Ltd, Finance Docket
No. 32478 (ICC served Aug. 16, 1994).
\2\ Cen-Tex was a previous participant in a pending proceeding
in Burlington Northern Inc. and Burlington Northern Railroad
Company--Control and Merger--Santa Fe Pacific Corporation and The
Atchison, Topeka and Santa Fe Railway Company, Finance Docket No.
32549. On April 10, 1995, Cen-Tex and SORC filed a petition pursuant
to 49 CFR 1180.4(f), seeking a waiver or clarification of certain
railroad consolidation procedures to facilitate the preparation of a
responsive application that Cen-Tex and SORC intended to file. The
petition was granted by decision served April 18, 1995, but Cen-Tex
and SORC did not file a responsive application. In its notice of
exemption, Cen-Tex states that, by not filing any responsive
application, the class exemption procedure at 49 CFR 1180.2(d)(7) is
available for the proposed trackage rights. Cen-Tex also states that
copies of the trackage rights agreements in this proceeding will be
submitted to the Commission in the above pending proceeding.
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Burlington Northern Railroad Company (BN) and The Atchison, Topeka
and Santa Fe Railway Company (ATSF) have agreed to grant non-exclusive
overhead trackage rights to Cen-Tex Rail Link, Ltd. (Cen-Tex), as
follows: (1) over BN's line of railroad from milepost 0.0 on BN's
Wichita Falls Subdivision near Tower 55 in Fort Worth, TX to milepost
5.1 on BN's Wichita Falls Subdivision near Tower 60 in Fort Worth, a
distance of approximately 5.1 miles (including BN's Race Track from
milepost 2.2 on the preceding segment to the end of track at the
connection point with the Missouri Pacific Railroad Company, a further
distance of approximately 0.2 miles); and (2) over ATSF's line of
railroad from approximately milepost 1.29 on ATSF's Dublin Subdivision
near Belt Junction in Fort Worth, to approximately milepost 349.97 on
ATSF's Fort Worth Subdivision near Tower 60 in Fort Worth, a distance
of approximately 9.0 miles. The total distance of the trackage involved
is approximately 14.3 miles. The proposed transaction will allow Cen-
Tex to reach and directly interchange traffic with other railroads in
the Fort Worth area (including Dallas Area Rapid Transit, Fort Worth &
Western Railroad Company, The Kansas City Southern Railway Company,
Southern Pacific Transportation Company/St. Louis Southwestern Railway
Company, and Missouri Pacific Railroad Company). The trackage rights
were scheduled to become effective on or after June 9, 1995.
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. 10505(d) may
be filed at any time. The filing of a petition to revoke will not
automatically stay the transaction. Pleadings must be filed with the
Commission and served on: Thomas W. Rissman, 6 West Hubbard St., Suite
500, Chicago, IL 60610.
As a condition to the use of this exemption, any employees
adversely affected by the trackage rights will be protected under
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).
Decided: June 16, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-15310 Filed 6-21-95; 8:45 am]
BILLING CODE 7035-01-P
