[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Pages 45734-45735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21745]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32719]
Southern Pacific Transportation Company, The Denver and Rio
Grande Western Railroad Company, St. Louis Southwestern Railway
Company, and SPCSL Corp.--Trackage Rights Exemption--The Atchison,
Topeka and Santa Fe Railway Company Lines Between Pueblo, CO, and
Amarillo, TX
The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) has
agreed to grant Southern Pacific Transportation Company, The Denver and
Rio Grande Western Railroad Company, St. Louis Southwestern Railway
Company, and SPCSL Corp. (collectively, SP): (1) Overhead trackage
rights over Santa Fe's lines between Pueblo, CO (in the vicinity of
Santa Fe's Denver Subdivision Milepost 617.7) and Stratford, TX (in the
vicinity of Santa Fe's Boise City Subdivision Milepost 85.5); and (2)
overhead trackage rights over Santa Fe's lines between Pueblo, CO (in
the vicinity of Santa Fe's Denver Subdivision Milepost 617.7) and
Amarillo, TX (in the vicinity of Santa Fe's Panhandle Subdivision
Milepost 552.3), solely for the purpose of serving industries located
at Amarillo, TX.
These trackage rights have been granted pursuant to a settlement
agreement dated April 13, 1995, which was entered into by SP, on the
one side, and by Santa Fe and Burlington Northern Railroad Company
(BN), on the other side, in connection with the Finance Docket No.
32549 proceeding. See 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 (ICC served Aug. 23, 1995) (BN/Santa Fe).
The settlement agreement also provides that BN will grant SP
overhead trackage rights between Dalhart, TX, and Fort Worth, TX. This
is the subject of a separate exemption notice. See Finance Docket No.
32720, Southern Pacific Transportation Company, The Denver And Rio
Grande Western Railroad Company, St. Louis Southwestern
[[Page 45735]]
Railway Company, and SPCSL Corp.--Trackage Rights Exemption--Burlington
Northern Railroad Company Lines Between Dalhart, TX, and Fort Worth,
TX. The settlement agreement further provides that SP shall also be
granted: Access to all industries which are served directly or by
reciprocal switching by either BN or Santa Fe at Amarillo, TX, at
Plainview, TX, and at Lubbock, TX; and access to the Seagraves,
Whiteface and Lubbock Railroad at Lubbock, TX. See BN/Santa Fe, slip
op. at 85.
The settlement agreement provides that the various rights granted
therein will be effective upon consummation of common control of BN and
Santa Fe, which can occur no earlier than September 22, 1995. See BN/
Santa Fe, slip op. at 117.
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 stay
the transaction. Pleadings must be filed with the Commission and served
on: Paul A. Cunningham, Harkins Cunningham, 1300 19th Street, N.W.,
Suite 600, Washington, D.C. 20036.
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: August 25, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-21745 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-M
