[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21747]
-----------------------------------------------------------------------
INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32722]
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 Kansas City, KS, and
Fort Worth, TX, and Between Hutchinson, KS, and Winfield Junction, KS
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) overhead trackage rights
over Santa Fe's lines: between Kansas City, KS, and Fort Worth, TX (via
Olathe, KS, and Cassoday, KS); and between Hutchinson, KS, and Winfield
Junction, KS (via Wichita, KS). The Kansas City-Fort Worth trackage
rights will run between Kansas City (in the vicinity of Santa Fe's
Emporia Subdivision Milepost 1.7) and Fort Worth (in the vicinity of
Santa Fe's Fort Worth Subdivision Milepost 345.6). The Hutchinson-
Winfield Junction trackage rights will run between Hutchinson (in the
vicinity of Santa Fe's La Junta Subdivision Milepost 216.4) and
Winfield Junction (in the vicinity of Santa Fe's Arkansas City
Subdivision Milepost 249.7).
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 the 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 provides that the Kansas City-Fort Worth
and Hutchinson-Winfield Junction trackage rights will be overhead
rights only, subject to the access rights indicated in the next
sentence. Under the terms of the settlement agreement, SP will receive
access to: Industries served directly or by reciprocal switching by BN
or Santa Fe at Wichita; industries at Hutchinson, through the present
reciprocal switching arrangements; the Central Kansas Railway at
Wichita; and the South Kansas and Oklahoma Railroad at Winfield, KS.
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, NW.,
Suite 600, Washington, DC 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. 95-21747 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-M
