[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Page 50217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24102]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32770]


Union Pacific Railroad Company--Trackage Rights Exemption--The 
Atchison, Topeka and Santa Fe Railway Company and Burlington Northern 
Railroad Company

    The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) has 
agreed to grant overhead trackage rights to the Union Pacific Railroad 
Company (UP) over a rail line between milepost 59+550 near Abilene, KS, 
and milepost 154+1980, near Superior, NE.1 Also, the Burlington 
Northern Railroad Company (BN) has agreed to grant local trackage 
rights over a rail line between milepost 169.7 and milepost 171.0, near 
Superior, NE. The total distance is approximately 97 miles.2 The 
trackage rights transaction is located in Dickinson, Clay, Ottawa, 
Cloud, Republic and Jewell Counties, KS, and Nucholls County, NE. The 
trackage rights will allow UP overhead trackage rights operation over 
the Santa Fe line between Abilene, KS, and Superior, NE, and permit 
UP's local service to facilities in Superior that are served by BN and 
Santa Fe. The trackage rights were to become effective on or after 
September 22, 1995.3

    \1\ The parties have agreed that 97 miles is the average 
distance between Abilene and all locations in Superior. Accordingly, 
a substraction of the mileposts may provide a slightly different 
figure.
    \2\ UP has the option to use Kyle Railroad Company (Kyle) as its 
operating agent. Kyle has the right of ingress and egress at 
Concordia, KS, in order to move both UP and its own traffic to and 
from points on former UP trackage which is now part of Kyle.
    \3\ This date coincides with the effective date of the merger 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 (ICC 
served Aug. 23, 1995). The trackage have been granted pursuant to a 
settlement agreement dated March 27, 1995, entered into in 
connection with the merger proceeding.
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    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: Louise A. Rinn, General Attorney, 1416 Dodge Street, #830, Omaha, 
NE 68179.
    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: September 22, 1995.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24102 Filed 9-27-95; 8:45 am]
BILLING CODE 7035-01-P