[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48522-48523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23505]


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DEPARTMENT OF TRANSPORTATION
    \1\  The ICC Termination Act of 1995, Pub. L. No. 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. 11323-24.
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[Finance Docket No. 32760 (Sub-No. 18)]


Utah Railway Company--Trackage Rights Exemption--Union Pacific 
Railroad Company, Missouri Pacific Railroad Company, Southern Pacific 
Transportation Company, St. Louis Southwestern Railway Company, SPCSL 
Corp., the Denver & Rio Grande Western Railroad Company; [Decision No. 
54]

    Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad 
Company (MPRR), \2\ Southern Pacific Transportation Company (SPT), St. 
Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), The 
Denver & Rio Grande Western Railroad Company (DRGW), \3\ have agreed to 
grant overhead trackage rights, with certain local access rights, over 
a line of railroad of DRGW to Utah Railway Company (UTAH). These 
trackage rights are related to the recently approved 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. See Finance Docket No. 32760 (STB 
served Aug. 12, 1996) (Decision No. 44). The overhead trackage rights 
extend from milepost 628.8, near Utah Railway Junction, UT, to milepost 
450.0, near Grand Junction, CO, a total distance of approximately 178.8 
miles, in Carbon, Emory and Grand Counties, UT, and Mesa County, CO. 
Utah will have the right to interchange at Utah Railway Junction and 
Grand Junction with UP/SP and the Burlington Northern Railroad Company 
and The Atchison, Topeka and Santa Fe Railway Company. The local rights 
are for Utah to have access to the coal loading facility of Savage 
Industries, Inc., Savage Coal

[[Page 48523]]

Terminal, which is located at the so-called CV Spur at milepost 615.8 
near Price, UT, and for access to East Carbon Development Company 
Environmental L.C. at the CV Spur in a transload operation of non-
hazardous waste materials.
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    \2\ UPRR and MPRR are referred to collectively as UP.
    \3\ SPT, SSW, SPCSL and DRGW are referred to collectively as SP.
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    The transaction is scheduled to be consummated on, or as soon as 
possible after, September 11, 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 it 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 Finance 
Docket No. 32760 (Sub-No. 18), must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Branch, 
1201 Constitution Avenue, N.W., Washington, DC 20423. In addition, a 
copy of each pleading must be served on: (1) Charles H. White, Jr., 
Galland, Kharasch, Morse & Garfinkle, 1054 31st Street, N.W., 
Washington, DC 20007; (2) Paul A. Conley, Jr., Assistant Vice 
President-Law, 1416 Dodge Street, #830, Omaha, NE 68179; and (3) Louis 
P. Warchot, Associate General Counsel, One Market Plaza, San Francisco, 
CA 94105.

    Decided: September 9, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23505 Filed 9-12-96; 8:45 am]
BILLING CODE 4915-00-P