[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26267]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32579 (Sub-No. 4)]

 

Burlington Northern Railroad Company--Trackage Rights Exemption--
Soo Line Railroad Company

    Soo Line Railroad Company d/b/a CP Rail System (Soo) has agreed to 
grant non-exclusive local trackage rights to Burlington Northern 
Railroad Company (BN) between Clinton and Davenport, IA.\1\ The 
trackage is between CP milepost 157.70 at Fourth Street in Clinton and 
approximately DRI milepost 36.65 at East Wye Switch in Davenport, a 
distance of approximately 35.8 miles (the Clinton-Davenport Line).\2\ 
BN also will acquire the right to utilize the wye adjacent to DRI 
milepost 36.65, the right to access the designated Soo interchange 
track, and the right to access the connection track to the Iowa 
Interstate Railroad Ltd. (IAIS), at approximately CP milepost 
194.00.\3\
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    \1\These trackage rights are part of a series of related 
transactions among Soo, BN, and their affiliate the Davenport, Rock 
Island and North Western Railway Company (DRI). These transactions 
include the elimination of DRI as a separate switching carrier and 
transfer of its functions to its parent companies Soo and BN. A 
related consolidated application has been filed in Canadian Pacific 
Limited, Canadian Pacific (U.S.) Holdings Inc., Soo Line Corporation 
and Soo Line Railroad Company--Control--Davenport, Rock Island and 
North Western Railway Company, Finance Docket No. 32579, Burlington 
Northern Railroad Company--Acquisition--Certain Lines of Davenport, 
Rock Island and North Western Railway Company, Finance Docket No. 
32579 (Sub-No. 1), Burlington Northern Railroad Company--
Acquisition--Certain Lines of Soo Line Railroad Company, Finance 
Docket No. 32579 (Sub-No. 2), and Soo Line Railroad Company--
Acquisition--Certain Lines of Burlington Northern Railroad Company, 
Finance Docket No. 32579 (Sub-No. 3). Also, two related notices of 
exemption have been filed in Soo Line Railroad Company--Trackage 
Rights Exemption--Burlington Northern Railroad Company, Finance 
Docket No. 32579 (Sub-No. 5), and Soo Line Railroad Company--Merger 
Exemption--Davenport, Rock Island and North Western Railway Company, 
Finance Docket No. 32579 (Sub-No. 6).
    \2\A portion of the Clinton-Davenport Line is owned by DRI, a 
portion by Soo, and a portion jointly by BN and Soo.
    \3\BN states that access to the connection track to IAIS is for 
the sole purpose of facilitating its operation over the tracks of 
IAIS between that point and its trackage in Illinois as an alternate 
to its existing route via the Crescent Drawbridge in the event the 
bridge becomes inoperable or is retired or abandoned.
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    The trackage rights are contingent upon Soo's prior succession to 
DRI's ownership and Soo's prior acquisition of BN's ownership in the 
Clinton-Davenport Line pursuant to the related application in Finance 
Docket No. 32579 and (Sub-Nos. 1, 2, and 3).
    Although this exemption will become effective prior to the 
Commission's approval of the related application, consummation of this 
transaction and all simultaneously filed transactions will occur upon 
the effective date of the Commission's decision in Finance Docket No. 
32579 and (Sub-Nos. 1, 2, and 3).
    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 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: Michael E. Roper, 3800 Continental Plaza, 777 
Main St., Fort Worth, TX 76102-5384.
    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: October 13, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-26267 Filed 10-21-94; 8:45 am]
BILLING CODE 7035-01-P