[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Page 51969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26310]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 32760 (Sub-No. 24)]


The Burlington Northern and Santa Fe Railway Company; Trackage 
Rights Exemption; Union Pacific Railroad Company and Southern Pacific 
Transportation Company

    The Union Pacific Railroad Company (UP) and Southern Pacific 
Transportation Company (SP) have agreed to grant overhead trackage 
rights and certain local access rights to The Burlington Northern and 
Santa Fe Railway Company as follows: (a) Over a rail line owned by SP 
extending from milepost 212.7 near Tower 105 at San Antonio, TX; and 
(b) over a rail line owned by UP extending from milepost 235.9 near 
Craig Junction, TX, to milepost 259.8 near SP Junction (Tower 112) via 
Fratt, TX, a total distance of approximately 25.6 miles, for the 
purpose of serving CPSB's (City Public Service Board of San Antonio) 
facilities at Elmendorf, TX. The transaction was expected to be 
consummated on September 24, 1997.1
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    \1\ Under 49 CFR 1180.4(g)(1), a trackage rights exemption is 
effective 7 days after the notice is filed. Although applicant 
indicated that the proposed transaction would be consummated on 
September 22, 1997, the notice was not filed until September 17, 
1997, and thus the proposed transaction could not be consummated 
before the September 24, 1997 effective date.
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    These trackage rights are related to conditions imposed as part of 
the 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, Finance Docket No. 
32760 (Decision No. 44) (STB served Aug. 12, 1996); (Decision No. 52) 
(STB served Sept. 10, 1996); and (Decision No. 61) (STB served Nov. 20, 
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 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. 32760 (Sub-No. 24), must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423-0001 and served on: Erika Z. 
Jones, Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W., 
Washington, DC 20006 and Arvid E. Roach II, Covington & Burling, 1201 
Pennsylvania Avenue, N.W., P. O. Box 7566, Washington, DC 20044-7566.

    Decided: September 26, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-26310 Filed 10-2-97; 8:45 am]
BILLING CODE 4915-00-P