[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Page 32562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15310]



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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32715]


Cen-Tex Rail Link, Ltd.\1\--Trackage Rights Exemption--Burlington 
Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway 
Company \2\

    \1\ Cen-Tex is under common control and management with South 
Orient Railroad Company, Ltd. (SORC). A continuance in control 
transaction was exempted by the Commission in Joel T. Williams, III, 
Roy C. Coffee, Jr., Rafael Fernandez-MacGregor, and Bristol 
Investment Co., Inc.--Continuance in Control Exemption--Cen-Tex Rail 
Link, Ltd. and South Orient Railroad Company, Ltd, Finance Docket 
No. 32478 (ICC served Aug. 16, 1994).
    \2\ Cen-Tex was a previous participant in a pending proceeding 
in Burlington Northern Inc. and Burlington Northern Railroad 
Company--Control and Merger--Santa Fe Pacific Corporation and The 
Atchison, Topeka and Santa Fe Railway Company, Finance Docket No. 
32549. On April 10, 1995, Cen-Tex and SORC filed a petition pursuant 
to 49 CFR 1180.4(f), seeking a waiver or clarification of certain 
railroad consolidation procedures to facilitate the preparation of a 
responsive application that Cen-Tex and SORC intended to file. The 
petition was granted by decision served April 18, 1995, but Cen-Tex 
and SORC did not file a responsive application. In its notice of 
exemption, Cen-Tex states that, by not filing any responsive 
application, the class exemption procedure at 49 CFR 1180.2(d)(7) is 
available for the proposed trackage rights. Cen-Tex also states that 
copies of the trackage rights agreements in this proceeding will be 
submitted to the Commission in the above pending proceeding.
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    Burlington Northern Railroad Company (BN) and The Atchison, Topeka 
and Santa Fe Railway Company (ATSF) have agreed to grant non-exclusive 
overhead trackage rights to Cen-Tex Rail Link, Ltd. (Cen-Tex), as 
follows: (1) over BN's line of railroad from milepost 0.0 on BN's 
Wichita Falls Subdivision near Tower 55 in Fort Worth, TX to milepost 
5.1 on BN's Wichita Falls Subdivision near Tower 60 in Fort Worth, a 
distance of approximately 5.1 miles (including BN's Race Track from 
milepost 2.2 on the preceding segment to the end of track at the 
connection point with the Missouri Pacific Railroad Company, a further 
distance of approximately 0.2 miles); and (2) over ATSF's line of 
railroad from approximately milepost 1.29 on ATSF's Dublin Subdivision 
near Belt Junction in Fort Worth, to approximately milepost 349.97 on 
ATSF's Fort Worth Subdivision near Tower 60 in Fort Worth, a distance 
of approximately 9.0 miles. The total distance of the trackage involved 
is approximately 14.3 miles. The proposed transaction will allow Cen-
Tex to reach and directly interchange traffic with other railroads in 
the Fort Worth area (including Dallas Area Rapid Transit, Fort Worth & 
Western Railroad Company, The Kansas City Southern Railway Company, 
Southern Pacific Transportation Company/St. Louis Southwestern Railway 
Company, and Missouri Pacific Railroad Company). The trackage rights 
were scheduled to become effective on or after June 9, 1995.
    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: Thomas W. Rissman, 6 West Hubbard St., Suite 
500, Chicago, IL 60610.
    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: June 16, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-15310 Filed 6-21-95; 8:45 am]
BILLING CODE 7035-01-P