[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Notices]
[Page 43812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21675]



[[Page 43812]]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 32936]


Burlington Northern Railroad Company and The Atchison, Topeka and 
Santa Fe Railway Company--Construction and Operation Exemption--Sealy, 
TX

    Burlington Northern Railroad Company (BN) and The Atchison, Topeka 
and Santa Fe Railway Company (Santa Fe) (collectively BN/Santa Fe) have 
filed a notice of exemption under 49 CFR 1150.36 to construct a 
connection in the southwest quadrant of the intersection of the Union 
Pacific (UP) and Santa Fe lines near Sealy, TX. The proposed connection 
would allow head-on movement in both directions between BN/Santa Fe's 
Houston-Temple route and UP's line from Sealy to San Antonio.
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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. 10901.
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    Construction is scheduled to begin within 60 days of the effective 
date of this exemption.
    The Board's Section of Environmental Analysis (SEA) initially 
considered this construction and operation in the environmental 
documents prepared in Finance Docket No. 32760, involving the proposed 
merger of the Union Pacific and Southern Pacific Railroads. In 
analyzing the applicants' environmental filings and the potential 
environmental impacts of the merger, SEA concluded that construction 
projects related to the merger that are limited in scope and are 
proposed over disturbed land within existing railroad rights-of-way 
should be exempt from environmental review. This is such a project. 
Accordingly, no additional environmental documentation will be prepared 
in this proceeding and the Board may make a finding of no significant 
impact.
    This exemption will be effective on November 4, 1996, unless 
stayed. Petitions to stay the effective date of this notice on any 
grounds must be filed by September 5, 1996. Petitions for 
reconsideration must be filed by September 16, 1996.
    If the notice 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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32936, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on: Erika Z. Jones, Esq., Mayer, Brown & Platt, 
2000 Pennsylvania Avenue, N.W., Washington, DC 20006.

    Decided: August 16, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-21675 Filed 8-23-96; 8:45 am]
BILLING CODE 4915-00-P