[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Page 27383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13686]



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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32954]


Great Western Railway of Colorado, LLC--Trackage Rights 
Exemption--Great Western Lines, LLC

    Great Western Lines, LLC (GWL), which will become a Class III 
carrier by virtue of its acquisition in a concurrently filed notice of 
exemption in Great Western Lines, LLC--Acquisition Exemption--
Burlington Northern Railroad Company, STB Finance Docket No. 32952 (ICC 
served May 31, 1996), will agree to grant local and assign overhead 
trackage rights to Great Western Railway of Colorado, LLC (GWC), also a 
Class III rail carrier. GWL will grant GWC local trackage rights over 
GWL's rail lines as follows: (i) between milepost 76.5 at Fort Collins, 
CO, and milepost 98.9 at Greeley, CO; and (ii) GWL's interchange track 
at Loveland, CO. GWL will assign to GWC overhead trackage rights being 
acquired by GWL over Burlington Northern Railroad Company's (BN's) 
lines as follows: (i) Between milepost 76.5 at Fort Collins, CO, and 
BN's Rex Rail Yard at Fort Collins; and (ii) all tracks in BN's Rex 
Rail Yard.
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    \1\  The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323-24.
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    The trackage rights agreement will become effective immediately 
upon the consummation of the transaction in STB Finance Docket No. 
32952.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32954, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue NW., Washington, DC 20423. In addition, a copy of each pleading 
must be served on Karl Morell, Ball, Janik & Novack, 1101 Pennsylvania 
Avenue NW., Washington, DC 20004.

    Decided: May 24, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13686 Filed 5-30-96; 8:45 am]
BILLING CODE 4915-00-P