[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22993]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32558]
Houston Belt & Terminal Railway Company, et al.; Joint Relocation
Project Exemption
On August 18, 1994, the Houston Belt & Terminal Railway Company
(HB&T), the Southern Pacific Transportation Company (SP), The Atchison,
Topeka and Santa Fe Railway Company (ATSF), and the Missouri Pacific
Railroad Company (MP) (collectively, the Railroads) jointly filed a
notice of exemption under 49 CFR 1180.2(d)(5) to relocate two lines of
railroad.1 The proposed transaction was expected to be consummated
on or after August 25, 1994.
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\1\This joint relocation project originated as an accommodation
to the Texas State Department of Highways and Public
Transportation's (SDHPT) plan to widen U.S. Highway 59.
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The joint project involves: (1) partial abandonment of certain
segments of the Railroads' lines; (2) the construction by HB&T of
connecting tracks; and (3) a grant of trackage rights to SP and HB&T.
Under the joint project, ATSF will abandon approximately a 0.75-
mile portion of the HB&T West Main line between Commerce Street (ATSF
MP 24.10) and Runnels Street (ATSF MP 24.37), and between Nance Street
(ATSF MP 24.89) and Brooks Street (ATSF 25.37) (including the crossing
of the SP Main line).2
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\2\The SDHPT will remove the HB&T West Main line bridge over
Interstate Highway 10.
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HB&T will abandon approximately a 0.5-mile portion of the HB&T West
Main line between Runnels Street (ATSF MP 24.37) and Nance Street (ATSF
MP 24.89).3
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\3\HB&T will convey title to the HB&T West Main line bridge over
Buffalo Bayou to SDHPT with the HB&T West Main line right-of-way
covered by the agreement dated September 17, 1990. The preservation
of the HB&T West Main line bridge over Buffalo Bayou for historical
reasons was a condition of the Finding Of No Significant Impact
(FONSI) issued by the Federal Highway Administration on December 20,
1988, in response to the Environmental Assessment of the entire U.S.
Highway 59 project prepared for SDHPT.
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MP will abandon approximately a 0.6-mile portion of the HB&T East
Main line from a point north of the Carr Street Connection (with the SP
Main line) (IGN Engineer's Station 7881 + 41) to Campbell Street (IGN
Engineer's Station 7848 + 60) (including the crossing of the SP Main
line). HB&T and MP will discontinue service over approximately a 0.65-
mile portion of the HB&T East Main line between Campbell Street and
Collingsworth Street and use that track as an industrial track for
serving future industries and for storing railroad cars.
HB&T will double track the HB&T East Main line on existing right-
of-way between Commerce Street and Lyons Avenue in order to relocate
the HB&T West Main line.4 HB&T will construct double connecting
track (the Connecting Track) between the HB&T East Main line at Lyons
Avenue and the HB&T West Main line at Brooks Street on the right-of-way
acquired by HB&T. The Connecting Track will cross the SP Main line
under the authority of the Trackage Rights Agreement. To relocate the
HB&T East Main line, HB&T will double track the HB&T West Main line on
existing right-of-way between Brooks Street and Quitman Street.
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\4\The HB&T East Main line bridge over Buffalo Bayou has been
replaced to accommodate double track pursuant to a permit issued by
the Coast Guard on October 28, 1991. SDHPT has reconstructed the
HB&T East Main line bridge over Interstate Highway 10 to accommodate
double track.
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HB&T will construct additional HB&T East Main trackage adjacent to
and to the north of the SP Shreveport Branch northeast from Quitman
Street, connecting with existing HB&T East Main trackage at
Collingsworth Street. Approximately 952 feet of this additional track
will be on existing HB&T right-of-way and the remaining additional
track will be constructed on a strip of right-of-way approximately
2,600 feet long and between 35 and 40 feet wide adjacent to the
existing SP Shreveport Branch right-of-way, which HB&T is in the
process of acquiring. HB&T will construct a connection (the Brooks
Street Connection) between the SP Main line and the relocated HB&T East
Main line at the Connecting Track in the vicinity of Brooks Street over
a right-of-way it has acquired. After completion, SP will own and
maintain the track of the Brooks Street Connection.
Upon approval of the joint relocation project and pursuant to an
agreement between SP and HB&T, the parties will grant the following
trackage rights: (1) SP will grant HB&T rights over the SP Shreveport
Branch northeast from Quitman Street, a distance of approximately 9,440
feet; (2) HB&T will grant SP rights over the relocated HB&T East Main
between the Brooks Street Connection and Quitman Street, a distance of
approximately 3,500 feet; and (3) HB&T will grant SP rights over the
additional HB&T East Main trackage between Quitman Street and
Collingsworth Street, a distance of approximately 3,550 feet.
The line relocation project will improve operating efficiency by
alleviating traffic congestion in the HB&T/SP interlocker at Tower 26.
The construction of the Connecting Track will enable HB&T to
consolidate two separate crossings of the SP Main line at a single
location. The relocation of the HB&T East Main line and the grant of
trackage rights will enable HB&T and SP to retire the rail crossing of
the HB&T West Main line and the SP Shreveport Branch at Quitman Street,
and the rail crossing of the HB&T East Main line and the SP Shreveport
Branch at Collingsworth Street. The relocation of the HB&T East Main
line adjacent to the HB&T West Main line and the SP Shreveport Branch
will enable MP to remove track from the HB&T East Main line between a
point north of the Carr Street Connection and Campbell Street, thereby
improving public safety by eliminating eight at-grade road crossings.
The Railroads state that no shippers are located on any of the line
segments to be abandoned. The Railroads assert that this joint project
will not change service to shippers, expand the operations of any of
the Railroads into new territory, or alter the existing competitive
situation.
The Commission will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the proposal involves, for example, a
change in service to shippers, expansion into new territory, or a
change in existing competitive situations. See generally Denver &
R.G.W.R. Co.--Jt. Proj.--Relocation Over BN, 4 I.C.C.2d 95 (1987). The
Commission has determined that line relocation projects may embrace
trackage rights transactions such as the one involved here. See
D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 (1981). Under these
standards, the embraced incidental abandonment, construction, and
trackage rights components require no separate approval or exemption
when the relocation project, as here, will not disrupt service to
shippers and thus qualifies for the class exemption at 49 CFR
1180.2(d)(5).
As a condition to the use of this exemption, any employees affected
by the trackage rights agreement will be protected by the conditions 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).
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:
John C. Pruetz, Houston Belt & Terminal Railway Company, 501 Crawford,
Room 203, Houston, TX 77002-2192; Gary A. Laakso, Southern Pacific
Transportation Company, One Market Plaza, San Francisco, CA 94105;
Michael A. Smith, The Atchison, Topeka and Santa Fe Railway Company,
1700 East Golf Road, Schaumburg, IL 60173-5860; and Joseph D. Anthofer,
Missouri Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha,
NE 68179-0830.
Decided: September 8, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-22993 Filed 9-15-94; 8:45 am]
BILLING CODE 7035-01-P
