[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Notices]
[Pages 49631-49632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23817]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32773]


The Atchison, Topeka and Santa Fe Railway Company--Trackage 
Rights Exemption--Southern Pacific Transportation Company, St. Louis 
Southwestern Railway Company, The Denver and Rio Grande Western 
Railroad Company, and SPCSL Corp.

    Southern Pacific Transportation Company, St. Louis Southwestern 
Railway Company, The Denver and Rio Grande Western Railroad Company, 
and SPCSL Corp. (collectively, SP Lines) have agreed to grant The 
Atchison, Topeka and Santa Fe Railway Company (Santa Fe) overhead 
trackage rights over SP Lines between MP 1296.0 at El Paso, 

[[Page 49632]]
TX, and MP 245.4 at Hutchinson, KS, and between MP 245.4 at Hutchison, 
KS, and MP 89.0 at Topeka, KS, with (a) the right to serve all 
industries served by SP Lines within the Liberal and McPherson, KS, and 
Hooker and Guymon, OK, switching districts of SP Lines, (b) the right 
to connect with Santa Fe's line of railroad at Vaughn, NM, Stratford, 
TX, and Hutchinson, KS, (c) the right to connect with Burlington 
Northern Railroad's (BN) line of railroad at Dalhart, TX, and (d) the 
right to interchange with all carriers at El Paso, TX, and Hutchinson, 
KS.
    These trackage rights have been granted pursuant to a settlement 
agreement dated April 13, 1995, which was entered into by SP Lines, on 
the one side, and by BN and Santa Fe, on the other side, in connection 
with the Finance Docket No. 32549 proceeding. See Burlington Northern 
Inc. and Burlington Northern Railroad Company--Control and Merger--
Santa Fe Pacific Corporation and The Atchison, Topeka and Santa Fe 
Railway Company, Finance Docket No. 32549 (ICC served Aug. 23, 1995) 
(BN/Santa Fe).
    The settlement agreement provides that the various rights granted 
therein will be effective upon consummation of common control of BN and 
Santa Fe, which can occur no earlier than September 22, 1995. See BN/
Santa Fe, slip op. at 117.
    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. 10505(d) may 
be filed at any time. The filing of a petition to revoke will not stay 
the transaction. Pleadings must be filed with the Commission and served 
on: Michael A. Smith, 1700 E. Golf Road, Schaumburg, IL 60173-5860.
    As a condition to use of this exemption, any employees adversely 
affected by the trackage rights will be protected pursuant to 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).

    Decided: September 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-23817 Filed 9-25-95; 8:45 am]
BILLING CODE 7035-01-P