[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] -----------------------------------------------------------------------1 --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- [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. --------------------------------------------------------------------------- \2\ UPRR and MPRR are referred to collectively as UP. \3\ SPT, SSW, SPCSL and DRGW are referred to collectively as SP. --------------------------------------------------------------------------- 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