[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23504]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[Finance Docket No. 32760 (Sub-No. 19)]
Burlington Northern Railroad Company and The Atchison, Topeka and
Santa Fe Railway Company--Trackage Rights Exemption--Union Pacific
Railroad Company, Missouri Pacific Railroad Company, Southern Pacific
Transportation Company, St. Louis Southwestern Railway Company, SPCSL
Corp., The Denver & Rio Grande Western Railroad Company, and The
Southern Illinois & Missouri Bridge Company; [Decision No. 53]
Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad
Company (MPRR),2 Southern Pacific Transportation Company (SPT),
St. Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), The
Denver & Rio Grande Western Railroad Company (DRGW),3 and The
Southern Illinois & Missouri Bridge Company (SIMBCO) 4 have agreed
to grant overhead trackage rights, with certain local access rights to
Burlington Northern Railroad Company (BN) and The Atchison, Topeka and
Santa Fe Railway Company (SF).5 These trackage rights are related
to the recently approved UP/SP merger in Union Pacific Corporation,
Union Pacific Railroad Company, and Missouri Pacific Railroad Company--
Control and Merger--Southern Pacific Rail Corporation, Southern Pacific
Transportation Company, St. Louis Southwestern Railway Company, SPCSL
Corp., and The Denver and Rio Grande Western Railroad Company. See
Finance Docket No. 32760 (STB served Aug. 12, 1996) (Decision No. 44).
These trackage rights, which provide for local access as specified in
Decision No. 44, consist of three categories.
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\1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat.
803, which was enacted on December 29, 1995, and took effect on
January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to Board
jurisdiction pursuant to 49 U.S.C. 11323-24.
\2\ UPRR and MPRR are referred to collectively as UP.
\3\ SPT, SSW, SPCSL and DRGW are referred to collectively as SP.
\4\ SIMBCO is jointly owned by MPRR and SSW.
\5\ BN and SF are referred to collectively as BNSF.
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The first category consists of trackage rights that were provided
for in an agreement entered into on April 18, 1996, by UP/SP, BNSF, and
the Chemical Manufacturers Association (CMA). These trackage rights are
over: (1) UP's lines--(a) Houston, TX--Longview, TX, (b) Longview, TX--
Texarkana, AR, (c) Texarkana, AR--North Little Rock, AR, (d) North
Little Rock, AR--Poplar Bluff, MO, (e) Poplar Bluff, MO--Dexter, MO,
(f) SIMBCO, IL--Valley Junction, L, and (g) Bald Knob, AR--Fair Oaks,
AR; (2) SP's lines--Fair Oaks, AR--Illmo, MO, via Jonesboro, AR, and
Dexter Junction, MO; and (3) SIMBCO's lines--Illmo, MO--SIMBCO, IL.
The second category consists of trackage rights over SPT's line
between Elvas, CA, in the vicinity of SPT's Fresno Line milepost 136.2
and Stockton, CA, in the vicinity of SPT's Fresno Line milepost 88.9.
The third category consists of trackage rights over: (1) MPRR's
main line near Avondale, LA, between MPRR milepost 14.29 and milepost
14.11; and (2) SPT's line near Avondale, LA, between SPT milepost 14.94
and SPT's milepost 9.97 in the vicinity of Westbridge Junction, LA.
The transaction is scheduled to be consummated on, or as soon as
possible after, September 11, 1996.
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in 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).
This notice is filed under 49 CFR 1180.2(d)(7). If it contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the transaction.
An original and 10 copies of all pleadings, referring to Finance
Docket No. 32760 (Sub-No. 19), must be filed with the Surface
Transportation Board, Office of the Secretary, Case Control Branch,
1201 Constitution Avenue, N.W., Washington, DC 20423. In addition, a
copy of each pleading must be served on: (1) Paul A. Conley, Jr.,
Assistant Vice President-Law, 1416 Dodge Street, #830, Omaha, NE 68179;
(2) Louis P. Warchot, Associate General Counsel, One Market Plaza, San
Francisco, CA 94105; and (3) Richard E. Weicher,Vice President and
General Counsel, 6th Floor, 1700 East Golf Road, Schaumburg, IL 60173-
5860.
Decided: September 9, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23504 Filed 9-12-96; 8:45 am]
BILLING CODE 4915-00-P
