[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27780-27781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12888]



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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32549 (Sub-No. 15)]


Grainbelt Corporation--Trackage Rights Over Burlington Northern 
Railroad Company Between Snyder, OK, and Quanah, TX

AGENCY: Interstate Commerce Commission.

ACTION: Decision No. 24; notice of acceptance of responsive application 
filed by Grainbelt Corporation.

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SUMMARY: The Commission is accepting for consideration the application 
filed by Grainbelt Corporation (GNBC) for the modification of certain 
trackage rights over lines of Burlington Northern Railroad Company (BN) 
between Snyder, OK, and Quanah, TX. This application is responsive to 
the primary application filed by BN and its corporate parent, 
Burlington Northern Inc. (BNI), and The Atchison, Topeka and Santa Fe 
Railway Company (Santa Fe) and its corporate parent, Santa Fe Pacific 
Corporation (SFP), by which primary applicants BNI, BN, SFP, and Santa 
Fe seek approval for 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.

DATES: The effective date of this decision is May 25, 1995. Comments 
regarding the GNBC responsive application must be filed with the 
Commission by June 9, 1995. Rebuttal in support of the GNBC responsive 
application must be filed by June 19, 1995. Briefs (not to exceed 50 
pages) must be filed by June 29, 1995.

ADDRESSES: An original and 20 copies of all documents must refer to 
Finance Docket No. 32549 (Sub-No. 15) and be sent to the Office of the 
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No. 
15), Interstate Commerce Commission, 1201 Constitution Avenue, N.W., 
Washington, D.C. 20423. Parties are encouraged also to submit all 
pleadings and attachments on a 3.5-inch diskette in WordPerfect 5.1 
format.
    In addition, one copy of all documents in this proceeding must be 
served, by first class mail, on: the Secretary of the Department of 
Transportation; the Attorney General of the United States; 
Administrative Law Judge Jacob Leventhal, Federal Energy Regulatory 
Commission, Office of Hearings, 825 North Capitol Street, N.E., 
Washington, D.C. 20426; Betty Jo Christian, Esq., Steptoe & Johnson, 
1330 Connecticut Avenue, N.W., Washington, D.C. 20036-1795 
(representing primary applicants BNI and BN); Erika Z. Jones, Esq., 
Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W., Suite 6500, 
Washington, D.C. 20006 (representing primary applicants SFP and Santa 
Fe); and William P. Quinn, Esq., Gollatz, Griffin & Ewing, P.C., 213 W. 
Miner St., P.O. Box 796, West Chester, PA 19381-0796 (representing 
responsive applicant GNBC).
    Furthermore, one copy of all documents in this proceeding must be 
served, by first class mail, on all persons designated parties of 
record [POR] on the Commission's service list, served on May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 927-5352. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: By this responsive application, GNBC seeks 
modification of overhead trackage rights it holds over an approximately 
60-mile BN line between Snyder, OK, and Quanah, TX. The trackage rights 
were granted to GNBC in conjunction with its purchase of a rail line 
from BN in 1987. GNBC requests that the trackage rights be amended to 
allow for interchanges with other carriers at Altus, OK and at Quanah. 
GNBC states that this would allow for interchange with GNBC's sister 
corporation, Farmrail Corporation (FMRC) at Altus, and with Southern 
Pacific Transportation Company (SP) at Quanah. GNBC states that it 
expects that a commonly controlled BN/Santa Fe would provide facilities 
in Altus and Quanah which would allow for the direct interchange 
between GNBC and other carriers. Furthermore, GNBC requests the right 
to provide local service to industries located at and in the vicinity 
of Altus.
    GNBC's responsive application substantially complies with the 
applicable regulations, and it has therefore been accepted for 
consideration by the Commission.
    The responsive application and exhibits are available for 
inspection in the Public Docket Room at the offices of the Commission 
in Washington, D.C. In addition, they may be obtained upon request from 
GNBC's representative named above.
    This responsive application is consolidated for disposition with 
the [[Page 27781]] Finance Docket No. 32549 primary application (and 
all embraced proceedings). Service of an initial decision will be 
waived, and determination of the merits of the responsive application 
will be made in the first instance by the entire Commission. 49 U.S.C. 
11345(f).
    Interested persons may participate formally by submitting written 
comments regarding the responsive application, subject to the filing 
and service requirements specified above. Such comments (referred to as 
``responses'' in the procedural schedule) should indicate the exact 
proceeding designation and should be filed with the Commission by June 
9, 1995. Comments shall include the following: the commenter's position 
in support of or in opposition to the proposed transaction; any and all 
evidence, including verified statements, in support of or in opposition 
to the proposed transaction; and specific reasons why approval would or 
would not be in the public interest. Interested persons who do not 
intend to participate formally in the proceeding but who desire to 
comment may also file statements, also subject to the filing and 
service requirements specified above. Persons must state specifically 
whether they intend to participate actively in the proceeding or 
whether they wish only to be advised of all decisions issued by the 
Commission. Failure to state an intention to participate as an active 
party will result in the person being placed in the latter category.
    Because GNBC's responsive application contains proposed conditions 
to approval of the primary application in Finance Docket No. 32549, the 
Commission will entertain no requests for affirmative relief to this 
proposal. Parties may only participate in direct support of or direct 
opposition to GNBC's responsive application as filed.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 17, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12888 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P