[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21748]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 31730 (Sub-No. 1)]
Rio Grande Industries, Inc., et al.--Trackage Rights Exemption--
Burlington Northern Railroad Company Lines Between Kansas City, MO, and
Chicago, IL
In a trackage rights agreement dated August 1, 1990 (1990
agreement), Burlington Northern Railroad Company (BN) granted 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 between Kansas City,
MO, and Chicago, IL. See Rio Grande Industries, Inc.,1 Southern
Pacific Transportation Company, The Denver and Rio Grande Western
Railroad Company, St. Louis Southwestern Railway Company, SPCSL Corp.--
Trackage Rights--Burlington Northern Railroad Company Lines Between
Kansas City, MO, and Chicago, IL, Finance Docket No. 31730 (ICC served
Oct. 26, 1990).
\1\ The entity formerly known as Rio Grande Industries, Inc., is
now known as Southern Pacific Rail Corporation.
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The 1990 agreement has been modified by a settlement agreement
dated April 13, 1995 (1995 agreement), which was entered into by SP, on
the one side, and by BN and The Atchison, Topeka and Santa Fe Railway
Company (Santa Fe), 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 1995 agreement provides, among other things, that
notwithstanding the terms of the 1990 agreement (which provides for
overhead trackage rights only), SP shall be granted: access to all
industries which are served directly or by reciprocal switching by
either BN or Santa Fe at Fort Madison, IA, and Galesburg, IL; and
access to the Toledo, Peoria and Western Railway Corporation at
Bushnell, IL. The 1995 agreement further provides that BN and Santa Fe
shall have the right to coordinate operations over their lines between
Kansas City and Chicago and to alter the usage between each line,
including usage of BN's line by SP.2
\2\ The 1995 agreement also provides for the operation of SP
trains over Santa Fe's lines between Kansas City and Chicago. This
is the subject of a separate exemption notice. See Finance Docket
No. 32721, 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 Hutchinson, KS,
and Chicago, IL, and Between Topeka, KS, and Kansas City, KS.
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The modification of the terms of the 1990 agreement 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. 95-21748 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-P
