[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