[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Pages 45734-45735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21745]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32719]


Southern Pacific Transportation Company, The Denver and Rio 
Grande Western Railroad Company, St. Louis Southwestern Railway 
Company, and SPCSL Corp.--Trackage Rights Exemption--The Atchison, 
Topeka and Santa Fe Railway Company Lines Between Pueblo, CO, and 
Amarillo, TX

    The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) has 
agreed to grant Southern Pacific Transportation Company, The Denver and 
Rio Grande Western Railroad Company, St. Louis Southwestern Railway 
Company, and SPCSL Corp. (collectively, SP): (1) Overhead trackage 
rights over Santa Fe's lines between Pueblo, CO (in the vicinity of 
Santa Fe's Denver Subdivision Milepost 617.7) and Stratford, TX (in the 
vicinity of Santa Fe's Boise City Subdivision Milepost 85.5); and (2) 
overhead trackage rights over Santa Fe's lines between Pueblo, CO (in 
the vicinity of Santa Fe's Denver Subdivision Milepost 617.7) and 
Amarillo, TX (in the vicinity of Santa Fe's Panhandle Subdivision 
Milepost 552.3), solely for the purpose of serving industries located 
at Amarillo, TX.
    These trackage rights have been granted pursuant to a settlement 
agreement dated April 13, 1995, which was entered into by SP, on the 
one side, and by Santa Fe and Burlington Northern Railroad Company 
(BN), on the other side, in connection with the Finance Docket No. 
32549 proceeding. See 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 (ICC served Aug. 23, 1995) (BN/Santa Fe).
    The settlement agreement also provides that BN will grant SP 
overhead trackage rights between Dalhart, TX, and Fort Worth, TX. This 
is the subject of a separate exemption notice. See Finance Docket No. 
32720, Southern Pacific Transportation Company, The Denver And Rio 
Grande Western Railroad Company, St. Louis Southwestern 

[[Page 45735]]
Railway Company, and SPCSL Corp.--Trackage Rights Exemption--Burlington 
Northern Railroad Company Lines Between Dalhart, TX, and Fort Worth, 
TX. The settlement agreement further provides that SP shall also be 
granted: Access to all industries which are served directly or by 
reciprocal switching by either BN or Santa Fe at Amarillo, TX, at 
Plainview, TX, and at Lubbock, TX; and access to the Seagraves, 
Whiteface and Lubbock Railroad at Lubbock, TX. See BN/Santa Fe, slip 
op. at 85.
    The settlement agreement provides that the various rights granted 
therein will be effective upon consummation of common control of BN and 
Santa Fe, which can occur no earlier than September 22, 1995. See BN/
Santa Fe, slip op. at 117.
    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 stay 
the transaction. Pleadings must be filed with the Commission and served 
on: Paul A. Cunningham, Harkins Cunningham, 1300 19th Street, N.W., 
Suite 600, Washington, D.C. 20036.
    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: August 25, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-21745 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-M