[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Pages 45735-45736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21749]
-----------------------------------------------------------------------
INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32721]
Southern Pacific Transportation Company, et al.--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
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 Hutchinson, KS, and Chicago, IL (via
Ottawa, KS); and between Topeka, KS, and Kansas City, KS. The
Hutchinson-Chicago trackage rights will run between Hutchinson (in the
vicinity of Santa Fe's La Junta Subdivision Milepost 220.9) and Chicago
(in the vicinity of Santa Fe's Chillicothe Subdivision Milepost 14.3 at
McCook, IL, and in the vicinity of Santa Fe's Chillicothe Subdivision
Milepost 7.3 at Nerska, IL). The Topeka-Kansas City trackage rights
will run between Topeka (in the vicinity of Santa Fe's Topeka
Subdivision Milepost 52.4) and Kansas City (in the vicinity of Santa
Fe's Emporia Subdivision Milepost 1.7).
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
[[Page 45736]]
(ICC served Aug. 23, 1995) (BN/Santa Fe).
The settlement agreement provides that SP may employ the
Hutchinson-Chicago trackage rights only for trains comprised of not
less than 90 percent intermodal or automotive traffic. The settlement
agreement also provides that SP may not employ the Hutchinson-Chicago
trackage rights to interchange with or connect with its own lines or
the lines of any other carrier, with certain specified exceptions
indicated in the next sentence. Under the terms of the settlement
agreement, SP: may enter and exit Santa Fe's line at Kansas City solely
to access the Kansas City Terminal Railroad and, through it, its
connections; may enter and exit the Santa Fe line at Lomax, IL, solely
for the purpose of accessing the Toledo, Peoria and Western Railway
Corporation for intermodal and automotive traffic; may connect and
interchange with other carriers at Streator, IL, solely for the purpose
of movement to and from Chicago of traffic originating, terminating, or
interchanged with other carriers in the Chicago area; and may connect
with the Illinois Central Railroad at Joliet, IL, for movement over its
lines to and from facilities at Chicago, for traffic originating or
terminating at Chicago or interchanged with other carriers at Chicago.
The settlement agreement allows Santa Fe and BN to coordinate
operations over their respective lines between Kansas City and Chicago,
so that SP traffic moving over BN's lines between Kansas City and
Chicago pursuant to trackage rights granted by BN in 1990 1 may be
rerouted over Santa Fe's lines, for the operational convenience of BN
and Santa Fe.2
\1\ See Rio Grande Industries, Inc., 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).
\2\ Certain modifications to the trackage rights granted by BN
in 1990 are the subject of a separate exemption notice. See Finance
Docket No. 31730 (Sub-No. 1), Rio Grande Industries, Inc., Southern
Pacific Transportation Company, The Denver and Rio Grande Western
Railroad Company, St. Louis Southwestern Railway Company, and SPCSL
Corp.--Trackage Rights Exemption--Burlington Northern Railroad
Company Lines Between Kansas City, MO, and Chicago, IL.
---------------------------------------------------------------------------
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. 95-21749 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-P
