[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23504]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[Finance Docket No. 32760 (Sub-No. 19)]


Burlington Northern Railroad Company and The Atchison, Topeka and 
Santa Fe Railway Company--Trackage Rights Exemption--Union Pacific 
Railroad Company, Missouri Pacific Railroad Company, Southern Pacific 
Transportation Company, St. Louis Southwestern Railway Company, SPCSL 
Corp., The Denver & Rio Grande Western Railroad Company, and The 
Southern Illinois & Missouri Bridge Company; [Decision No. 53]

    Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad 
Company (MPRR),2 Southern Pacific Transportation Company (SPT), 
St. Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), The 
Denver & Rio Grande Western Railroad Company (DRGW),3 and The 
Southern Illinois & Missouri Bridge Company (SIMBCO) 4 have agreed 
to grant overhead trackage rights, with certain local access rights to 
Burlington Northern Railroad Company (BN) and The Atchison, Topeka and 
Santa Fe Railway Company (SF).5 These trackage rights are related 
to the recently approved UP/SP merger in Union Pacific Corporation, 
Union Pacific Railroad Company, and Missouri Pacific Railroad Company--
Control and Merger--Southern Pacific Rail Corporation, Southern Pacific 
Transportation Company, St. Louis Southwestern Railway Company, SPCSL 
Corp., and The Denver and Rio Grande Western Railroad Company. See 
Finance Docket No. 32760 (STB served Aug. 12, 1996) (Decision No. 44). 
These trackage rights, which provide for local access as specified in 
Decision No. 44, consist of three categories.
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    \1\ The ICC Termination Act of 1995, Pub. L. 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.
    \2\ UPRR and MPRR are referred to collectively as UP.
    \3\ SPT, SSW, SPCSL and DRGW are referred to collectively as SP.
    \4\ SIMBCO is jointly owned by MPRR and SSW.
    \5\ BN and SF are referred to collectively as BNSF.
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    The first category consists of trackage rights that were provided 
for in an agreement entered into on April 18, 1996, by UP/SP, BNSF, and 
the Chemical Manufacturers Association (CMA). These trackage rights are 
over: (1) UP's lines--(a) Houston, TX--Longview, TX, (b) Longview, TX--
Texarkana, AR, (c) Texarkana, AR--North Little Rock, AR, (d) North 
Little Rock, AR--Poplar Bluff, MO, (e) Poplar Bluff, MO--Dexter, MO, 
(f) SIMBCO, IL--Valley Junction, L, and (g) Bald Knob, AR--Fair Oaks, 
AR; (2) SP's lines--Fair Oaks, AR--Illmo, MO, via Jonesboro, AR, and 
Dexter Junction, MO; and (3) SIMBCO's lines--Illmo, MO--SIMBCO, IL.
    The second category consists of trackage rights over SPT's line 
between Elvas, CA, in the vicinity of SPT's Fresno Line milepost 136.2 
and Stockton, CA, in the vicinity of SPT's Fresno Line milepost 88.9.
    The third category consists of trackage rights over: (1) MPRR's 
main line near Avondale, LA, between MPRR milepost 14.29 and milepost 
14.11; and (2) SPT's line near Avondale, LA, between SPT milepost 14.94 
and SPT's milepost 9.97 in the vicinity of Westbridge Junction, LA.
    The transaction is scheduled to be consummated on, or as soon as 
possible after, September 11, 1996.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in 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).
    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 Finance 
Docket No. 32760 (Sub-No. 19), 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: (1) Paul A. Conley, Jr., 
Assistant Vice President-Law, 1416 Dodge Street, #830, Omaha, NE 68179; 
(2) Louis P. Warchot, Associate General Counsel, One Market Plaza, San 
Francisco, CA 94105; and (3) Richard E. Weicher,Vice President and 
General Counsel, 6th Floor, 1700 East Golf Road, Schaumburg, IL 60173-
5860.

    Decided: September 9, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23504 Filed 9-12-96; 8:45 am]
BILLING CODE 4915-00-P