[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21748]



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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 31730 (Sub-No. 1)]


Rio Grande Industries, Inc., et al.--Trackage Rights Exemption--
Burlington Northern Railroad Company Lines Between Kansas City, MO, and 
Chicago, IL

    In a trackage rights agreement dated August 1, 1990 (1990 
agreement), Burlington Northern Railroad Company (BN) granted Southern 
Pacific Transportation Company, The Denver and Rio Grande Western 
Railroad Company, St. Louis Southwestern Railway Company, and SPCSL 
Corp. (collectively, SP) overhead trackage rights between Kansas City, 
MO, and Chicago, IL. See Rio Grande Industries, Inc.,1 Southern 
Pacific Transportation Company, The Denver and Rio Grande Western 
Railroad Company, St. Louis Southwestern Railway Company, SPCSL Corp.--
Trackage Rights--Burlington Northern Railroad Company Lines Between 
Kansas City, MO, and Chicago, IL, Finance Docket No. 31730 (ICC served 
Oct. 26, 1990).

    \1\ The entity formerly known as Rio Grande Industries, Inc., is 
now known as Southern Pacific Rail Corporation.
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    The 1990 agreement has been modified by a settlement agreement 
dated April 13, 1995 (1995 agreement), which was entered into by SP, on 
the one side, and by BN and The Atchison, Topeka and Santa Fe Railway 
Company (Santa Fe), 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 1995 agreement provides, among other things, that 
notwithstanding the terms of the 1990 agreement (which provides for 
overhead trackage rights only), SP shall be granted: access to all 
industries which are served directly or by reciprocal switching by 
either BN or Santa Fe at Fort Madison, IA, and Galesburg, IL; and 
access to the Toledo, Peoria and Western Railway Corporation at 
Bushnell, IL. The 1995 agreement further provides that BN and Santa Fe 
shall have the right to coordinate operations over their lines between 
Kansas City and Chicago and to alter the usage between each line, 
including usage of BN's line by SP.2

    \2\  The 1995 agreement also provides for the operation of SP 
trains over Santa Fe's lines between Kansas City and Chicago. This 
is the subject of a separate exemption notice. See Finance Docket 
No. 32721, 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 Hutchinson, KS, 
and Chicago, IL, and Between Topeka, KS, and Kansas City, KS.
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    The modification of the terms of the 1990 agreement 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. 95-21748 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-P