[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21750]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32720]


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 Dalhart, TX, and Fort Worth, TX

    Burlington Northern Railroad Company (BN) 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 BN's lines 
between Dalhart, TX (in the vicinity of BN's Milepost 417.5) and Fort 
Worth TX (in the vicinity of BN's Milepost 5.1).
    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 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 settlement agreement also provides that Santa Fe will grant SP: 
(1) Overhead trackage rights over Santa Fe's lines between Pueblo, CO, 
and Stratford, TX; and (2) overhead trackage rights over Santa Fe's 
lines between Pueblo, CO, and Amarillo, TX, solely for the purpose of 
serving industries located at Amarillo, TX. This is the subject of a 
separate exemption notice. See 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 
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. 95-21750 Filed 8-31-95; 8:45 am]

BILLING CODE 7035-01-P