[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Page 48730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23639]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
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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. 10901.
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[STB Finance Docket No. 32934]


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

    Burlington Northern Railroad Company (BN) and The Atchison, Topeka 
and Sante Fe Railway Company (Santa Fe) (collectively BN/Santa Fe) have 
filed a notice of exemption under 49 CFR 1150.36 to construct an 800-
foot wye track, two No. 10 turnouts, and a new 36-foot crossing at 
Stockton, CA. The proposed construction would provide a connection 
between Union Pacific's (UP) line to Keddie, CA, and BN/Santa Fe's line 
to Barstow, CA.2
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    \2\ The construction is planned to implement the UP trackage 
rights UP/SP granted to BN/Santa Fe in Finance Docket No. 32760 
(Sub-No. 1), Union Pacific Railroad Company, Missouri Pacific 
Railroad Company, Southern Pacific Transportation Company, St. Louis 
Southwestern Railway Company, SPCSL Corp. and The Denver & Rio 
Grande Western Railroad Company--Trackage Rights Exemption--
Burlington Northern Railroad Company and The Atchison, Topeka and 
Santa Fe Railway Company.
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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) analyzed the 
potential environmental impact of this construction and operation in 
the environmental documents prepared in Finance Docket No. 32760, the 
merger of the Union Pacific and Southern Pacific Railroads. SEA 
concluded that based on its independent analysis, the available 
information, and the recommended mitigation measures, the construction 
and operation at Stockton would not result in significant environmental 
impacts. The Board imposed the mitigation measures recommended by SEA 
in Finance Docket No. 32760 Decision No. 44, served August 12, 1996 
(see condition Nos. 62-75, 83).
    This exemption will be effective on November 25, 1996, unless 
stayed. Petitions to stay the effective date of this notice on any 
grounds must be filed by September 26, 1996. Petitions for 
reconsideration must be filed by October 6, 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 will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32934, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Contol Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Erika Z. Jones, 
Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W., Washington, DC 
20006.

    Decided: September 10, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23639 Filed 9-13-96; 8:45 am]
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