[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Pages 45735-45736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21749]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32721]


Southern Pacific Transportation Company, et al.--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

    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) overhead trackage rights 
over Santa Fe's lines: between Hutchinson, KS, and Chicago, IL (via 
Ottawa, KS); and between Topeka, KS, and Kansas City, KS. The 
Hutchinson-Chicago trackage rights will run between Hutchinson (in the 
vicinity of Santa Fe's La Junta Subdivision Milepost 220.9) and Chicago 
(in the vicinity of Santa Fe's Chillicothe Subdivision Milepost 14.3 at 
McCook, IL, and in the vicinity of Santa Fe's Chillicothe Subdivision 
Milepost 7.3 at Nerska, IL). The Topeka-Kansas City trackage rights 
will run between Topeka (in the vicinity of Santa Fe's Topeka 
Subdivision Milepost 52.4) and Kansas City (in the vicinity of Santa 
Fe's Emporia Subdivision Milepost 1.7).
    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 the 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 

[[Page 45736]]
(ICC served Aug. 23, 1995) (BN/Santa Fe).
    The settlement agreement provides that SP may employ the 
Hutchinson-Chicago trackage rights only for trains comprised of not 
less than 90 percent intermodal or automotive traffic. The settlement 
agreement also provides that SP may not employ the Hutchinson-Chicago 
trackage rights to interchange with or connect with its own lines or 
the lines of any other carrier, with certain specified exceptions 
indicated in the next sentence. Under the terms of the settlement 
agreement, SP: may enter and exit Santa Fe's line at Kansas City solely 
to access the Kansas City Terminal Railroad and, through it, its 
connections; may enter and exit the Santa Fe line at Lomax, IL, solely 
for the purpose of accessing the Toledo, Peoria and Western Railway 
Corporation for intermodal and automotive traffic; may connect and 
interchange with other carriers at Streator, IL, solely for the purpose 
of movement to and from Chicago of traffic originating, terminating, or 
interchanged with other carriers in the Chicago area; and may connect 
with the Illinois Central Railroad at Joliet, IL, for movement over its 
lines to and from facilities at Chicago, for traffic originating or 
terminating at Chicago or interchanged with other carriers at Chicago.
    The settlement agreement allows Santa Fe and BN to coordinate 
operations over their respective lines between Kansas City and Chicago, 
so that SP traffic moving over BN's lines between Kansas City and 
Chicago pursuant to trackage rights granted by BN in 1990 1 may be 
rerouted over Santa Fe's lines, for the operational convenience of BN 
and Santa Fe.2

    \1\ See Rio Grande Industries, Inc., 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).
    \2\ Certain modifications to the trackage rights granted by BN 
in 1990 are the subject of a separate exemption notice. See Finance 
Docket No. 31730 (Sub-No. 1), Rio Grande Industries, Inc., Southern 
Pacific Transportation Company, The Denver and Rio Grande Western 
Railroad Company, St. Louis Southwestern Railway Company, and SPCSL 
Corp.--Trackage Rights Exemption--Burlington Northern Railroad 
Company Lines Between Kansas City, MO, and Chicago, IL.
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    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. 95-21749 Filed 8-31-95; 8:45 am]
BILLING CODE 7035-01-P