[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30174]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549]

 

Burlington Northern Inc. and Burlington Northern Railroad 
Company--Control and Merger--Santa Fe Pacific Corporation and The 
Atchison, Topeka and Santa Fe Railway Company

AGENCY: Interstate Commerce Commission.

ACTION: Decision No. 7; Notice of postponement of procedural schedule.

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SUMMARY: The Commission is suspending the expedited procedural schedule 
adopted in Decisions Nos. 4 and 5 in this proceeding, served, 
respectively, on October 5, 1994 and November 10, 1994, pending the 
outcome of the Santa Fe Pacific Corp.'s (SFP) shareholders' vote. Upon 
approval by the shareholders of the proposed merger with Burlington 
Northern Inc. (BNI), the Commission will immediately issue a new 
schedule making the first comments due 30 days from the service date of 
that decision and adjusting other dates in the procedural schedule 
accordingly.

EFFECTIVE DATE: The effective date of this decision is December 8, 
1994.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon or Dugie Standeford, 
(202) 927-5610. [TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: On October 13, 1994, pursuant to 49 U.S.C. 
11343-47 and our rules at 49 CFR 1180.4, BNI, Burlington Northern 
Railroad Company (BN), SFP, and The Atchison, Topeka and Santa Fe 
Railway Company (Santa Fe) (collectively, applicants) filed an 
application for approval of BNI's acquisition of, control of, and 
merger with SFP, the resulting common control of BN and Santa Fe by the 
merged company, the consolidation of BN and Santa Fe railroad 
operations and the merger of BN and Santa Fe. Applicants also sought 
exemption from regulation under 49 U.S.C. 10505 for the merged holding 
company and merged railroad to control The Wichita Union Terminal 
Railway Company (WUTR) [Finance Docket No. 32549 (Sub-No. 1)] and for 
eleven construction projects related to the primary application 
[Finance Docket No. 32549 (Sub-No. 2 through Sub-No. 12)].
    By decision served and published on November 10, 1994, at 59 FR 
56089 [Decision No. 5], we accepted the application for expedited 
consideration and set certain filing dates pursuant to the procedural 
schedule adopted in this proceeding in Decision No. 4, served October 
5, 1994. We declined to extend the procedural schedule at that time as 
requested by the National Industrial Transportation League (NITL). NITL 
had requested an extension based upon its concern about the possibility 
that the merger application would be modified or withdrawn as a result 
of SFP's shareholder vote at their then scheduled meeting of November 
18, 1994. One reason that we did not extend the schedule at that time 
was because the vote was to take place on November 18 and comments from 
parties and other interested persons were not due until December 27, 
1994.
    The November 18 shareholder meeting has been postponed twice and is 
now scheduled to occur on December 16, 1994. NITL has renewed its 
request for a postponement and others seek a postponement as 
well1. Applicants oppose any postponement or modification of the 
current schedule.
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    \1\These include the Kansas City Southern Railway Company (KCS), 
Southern Pacific Lines (SP), the Western Coal Traffic League (WCTL), 
the Allied Rail Unions (ARU), and the Transportation-Communication 
International Union (TCU) and United Transportation Union (UTU).
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    We find that adherence to the expedited procedural schedule as it 
now stands would not be in the best interests of the parties, other 
interested persons or the Commission. If the shareholders approve the 
BNI/SFP merger on December 16, 1994, there will be little time for 
interested persons to comment by December 27, 1994. Accordingly, we 
will hold the schedule in abeyance until such time as the SFP 
shareholder vote occurs. Upon approval of the proposed BNI/SFP merger 
by the shareholders, we will issue a new schedule, making the initial 
comments due 30 days from the service date of our decision. Other dates 
in the schedule will then be adjusted accordingly, or as appropriate.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The requests for extension or postponement of the expedited 
procedural schedule adopted in Decisions 4 and 5 of this proceeding are 
granted.
    2. The procedural schedule will be held in abeyance until such time 
as an SFP shareholder vote occurs. Upon approval of the proposed BNI/
SFP merger by the shareholders, we will immediately issue a new 
schedule requiring the first comments to be filed 30 days from the 
service date of our decision and adjusting other schedule dates 
accordingly.
    3. This decision is effective on December 8, 1994.

    Decided: December 2, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 94-30174 Filed 12-7-94; 8:45 am]
BILLING CODE 7035-01-P