[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Notices]
[Pages 13720-13721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7119]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33563]


Texas Rock Crusher Railway Company, Acquisition and Operation 
Exemption, The Burlington Northern and Santa Fe Railway Company

    Texas Rock Crusher Railway Company (TXRC), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire from The 
Burlington Northern and Santa Fe Railway Company (BNSF) and to operate 
two disconnected lines of railroad (subject lines).1 The 
first of these lines, known as the Camp Bowie Industrial Spur, extends 
between mainline milepost 349.01, on BNSF's Clovis, NM, to Houston, TX, 
mainline, and the end of track (no milepost), at the Camp Bowie 
Industrial Park in Brownwood, TX, a distance of 4.4 miles. The second 
of these lines, known as the Rock Crusher Spur, extends from mainline 
milepost 349.3 on BNSF's above-described mainline to end of line (no 
milepost), in Brownwood, TX, a distance of 1.25 miles. In addition, 
BNSF will grant TXRC incidental overhead freight trackage rights for 
ten 99-year terms between milepost 348.6 and milepost 349.4, near 
Brownwood, TX, including the use of the wye, to allow traffic 
originating on the Rock Crusher Spur to have access to BNSF's Brownwood 
Yard for interchange. BNSF will also grant TXRC incidental trackage 
rights over BNSF's Brownwood Yard trackage between milepost 345.5 and 
milepost 349.4 for switching and interchange and to allow movement to

[[Page 13721]]

and from the Camp Bowie Industrial Spur and the Rock Crusher Spur.
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    \1\ The parties state that TNW Corporation (TNW), TXRC's 
corporate parent, entered into an agreement on February 11, 1998, 
with BNSF for the purchase of the subject lines. TNW subsequently 
assigned that agreement to TXRC.
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    The earliest the transaction could be consummated was March 6, 
1998, the effective date of the exemption (7 days after the notice of 
exemption was filed).
    This transaction is related to STB Finance Docket No. 33564, TNW 
Corporation--Continuance in Control Exemption--Texas Rock Crusher 
Railway Company, wherein TNW has concurrently filed a verified notice 
to continue in control of TXRC upon its becoming a Class III rail 
carrier.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33563, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on John D. Heffner, Esq., Rea, Cross & Auchincloss, 1707 L 
Street, N.W., Suite 570, Washington, DC 20036.

    Decided: March 12, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-7119 Filed 3-19-98; 8:45 am]
BILLING CODE 4915-00-P