[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Pages 38233-38234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18108]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33753 (Sub-No. 1)]


South Plains Switching, Ltd. Co.--Acquisition Exemption--The 
Burlington Northern and Santa Fe Railway Company

    South Plains Switching, Ltd. Co. (South Plains), a Class III rail 
common carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 \1\ to

[[Page 38234]]

acquire approximately 74,384 feet of rail lines from The Burlington 
Northern and Santa Fe Railway Company (BNSF) 2 in Lubbock, 
TX, as follows: (1) former ATSF side tracks 0310-0313, 0320, 0330-0332, 
0340-0341, 0370, 0372-0373, 0380-0382, 0385, 0387, and 0390; and (2) 
former BN side tracks 9200-9205, 9208, 9220, 9298, 9310, 9320, 9322, 
9330, Orchard Lead, 9304, 9311-9312, 9321, 9323-9326, 9331, 9333, 9401-
9406, 9409-9412, 9415, and 9420-9424. In conjunction with the 
acquisition of these rail lines, South Plains will acquire 
approximately 3 miles of incidental trackage rights over BNSF's 
mainline between track 9298 and BNSF's Lower Yard at Lubbock.
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    \1\ On June 7, 1999, a notice of exemption under 49 CFR 1150.41 
was served and published (64 FR 30375) for South Plains. See South 
Plains Switching, Ltd. Co.--Acquisition Exemption--The Burlington 
Northern and Santa Fe Railway Company, STB Finance Docket No. 33753. 
Subsequently, on June 25, 1999, South Plains filed an amended 
verified notice of exemption. Because the amendment extended the 
trackage being acquired and decreased the incidental trackage rights 
being acquired, Board staff notified South Plains' representative 
that the amended verified notice of exemption would be treated as a 
new filing under a new docket number and that the filing would 
require a new filing fee. The notice of exemption in STB Finance 
Docket No. 33753 (Sub-No. 1) supersedes the earlier notice of 
exemption served and published on June 7, 1999.
    \2\ On December 31, 1996, The Atchison, Topeka and Santa Fe 
Railway Company (ATSF) merged with and into Burlington Northern 
Railroad Company (BN). The name of the surviving corporation of the 
merger is The Burlington Northern and Santa Fe Railway Company.
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    South Plains reported that it intended to consummate the 
transaction on or shortly after July 4, 1999. The earliest the 
transaction can be consummated is July 8, 1999, the effective date of 
the exemption (7 days after the exemption was filed).3
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    \3\ While the amended verified notice of exemption was received 
at the Board on June 25, 1999, it was not officially filed until 
July 1, 1999, when South Plains submitted the required filing fee.
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    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. 33753 (Sub-No. 1), must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on William R. Power, Esq., 260 Cordovan Park, 
5840 West Interstate Twenty, Arlington, TX 76017.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 8, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18108 Filed 7-14-99; 8:45 am]
BILLING CODE 4915-00-P