[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Notices]
[Page 52207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24780]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32771]


Southern Pacific Transportation Company, The Denver and Rio 
Grande Western Railroad Company, St. Louis Southwestern Railway 
Company, and SPCSL Corp.--Trackage Rights Exemption--The Wichita Union 
Terminal Railway Company Lines in Wichita, KS

    The Wichita Union Terminal Railway Company (Wichita Union) 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 Wichita Union's lines between The Atchison, Topeka and Santa Fe 
Railway Company's (Santa Fe) milepost 211.7 and milepost 213.2 in 
Wichita, KS.
    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 Burlington Northern Railroad Company (BN) and Santa 
Fe, on the other side, in connection with the consolidation proceeding 
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) (BN/Santa Fe).
    SP's trackage rights over Wichita Union are necessary to enable SP 
to exercise the trackage rights which Santa Fe has granted to SP over 
Santa Fe's lines between Hutchinson and Winfield Junction, KS. See 
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 Kansas City, KS, and Fort Worth, TX, 
and Between Hutchinson, KS, and Winfield Junction, KS, Finance Docket 
No. 32722 (ICC served Sept. 1, 1995). The settlement agreement further 
provides that SP's trackage rights are subject to access rights. Under 
the terms of the settlement agreement, SP will receive access to: 
industries served directly or by reciprocal switching by BN or Santa Fe 
at Wichita; industries at Hutchinson, through the present reciprocal 
switching arrangements; the Central Kansas Railway at Wichita; and the 
South Kansas and Oklahoma Railroad at Winfield, KS.
    The settlement agreement provides that the various rights granted 
therein will be effective upon consummation of common control of BN and 
Santa Fe, which occurred on 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: September 26, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24780 Filed 10-4-95; 8:45 am]
BILLING CODE 7035-01-P