[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30560-30561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14833]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32760 (Sub-No. 26)]
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; (Houston/Gulf Coast Oversight)
AGENCY: Surface Transportation Board.
ACTION: Decision No. 5; Notice of extension to file requests for
additional conditions to the UP/SP merger for the Houston, Texas/Gulf
Coast area, and revisions to procedural schedule.
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SUMMARY: The Board is granting a motion filed May 20, 1998, by the
Texas Mexican Railway Company, the Kansas City Southern Railway
Company, the Chemical Manufacturers Association, the Society of the
Plastics Industry, Inc., the Texas Chemical Council, and the Railroad
Commission of Texas, collectively requesting an extension until July 8,
1998, to file requests and supporting evidence for additional remedial
conditions to the UP/SP merger 1 as they pertain to rail
service in the Houston, Texas/Gulf Coast region. As a result, the Board
is issuing the revised procedural schedule set forth at the end of this
decision.
\1\ 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, SCPSL Corp., and The Denver
and Rio Grande Western Railroad Company, Finance Docket No. 32760
(UP/SP Merger), Decision No. 44 (STB served Aug. 12, 1996).
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DATES: Under the revised schedule, the proceeding will now commence on
July 8, 1998. On that date, all interested parties must file requests
for new remedial conditions to the UP/SP merger regarding the Houston/
Gulf Coast area, along with all supporting evidence. The Board will
publish a notice of acceptance of requests for new conditions in the
Federal Register by August 7, 1998. Notices of intent to participate in
the oversight proceeding are due August 28, 1998. All comments,
evidence, and argument opposing the requested new conditions are due
September 18, 1998. Rebuttal in support of the requested conditions is
due October 16, 1998.
ADDRESSES: An original plus 25 copies of all documents, referring to
STB Finance Docket No. 32760 (Sub-No. 26), must be sent to the Office
of the Secretary, Case Control Unit, ATTN: STB Finance Docket No. 32760
(Sub-No. 26), Surface Transportation Board, 1925 K Street, N.W.,
Washington, DC 20423-0001.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600.
[TDD for the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: On March 31, 1998, the Board instituted an
oversight proceeding to consider requests for additional conditions to
the UP/SP Merger for the Houston/Gulf Coast area, including those that
seek divestiture of certain of the merged carriers'
property.2 All interested persons were directed to file
their requests, along with all supporting evidence, by June 8, 1998.
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\2\ The Board instituted this proceeding in Finance Docket No.
32760 (Sub-No. 21), Decision No. 12 (published in the Federal
Register on April 3, 1998 (63 FR 16628)), pursuant to the 5-year
oversight condition that it imposed upon its approval of the UP/SP
Merger. By decision served May 19, 1998, the Board corrected the
March 31 decision by designating the docket number for the Houston/
Gulf Coast Oversight proceeding as Finance Docket No. 32760 (Sub-No.
26) rather than (Sub-No. 21), and designating Decision No. 12 in
Sub-No. 21 as Decision No. 1 in Sub-No. 26.
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On May 20, 1998, the above-named parties moved for a 30-day
extension of that date to July 8, 1998. They state that they are
working toward a consensus with respect to conditions that they may
request, and that additional time is needed to coordinate their
proposal and prepare all supporting evidence. The Burlington Northern
and Santa Fe Railway Company (BNSF) and the National Industrial
Transportation League filed letters stating that they do not oppose the
extension. If the Board grants the motion, however, BNSF urges that the
revised due date for filing requests for conditions, and other
adjustments to the procedural schedule, be made applicable for all
interested persons. UP has asked the Board to adhere to the present
schedule.
We do not believe that a 30-day extension for filing requested
conditions will unduly burden UP or delay our disposition of these
matters. Accordingly, we will extend the deadline for filing requested
conditions, make other related adjustments to the procedural schedule,
and make them applicable for all other interested persons.
As set forth in the revised procedural schedule, parties that wish
to request new remedial conditions to the UP/SP merger as they pertain
to the Houston/Gulf Coast region must file them, along with their
supporting evidence, by July 8, 1998; the remainder of the procedural
[[Page 30561]]
schedule is adjusted accordingly. In all other respects, the March 31
decision instituting this proceeding (as corrected on May 19) remains
essentially the same.3
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\3\ The only change in the timing of the presentations is that
comments in opposition to requests for conditions will be due
approximately six weeks after the Board's notice of acceptance of
such requests is published in the Federal Register, rather than the
approximately five weeks afforded in the initial schedule. That is
because the oral argument in No. 96-1373, Western Coal Traffic
League v. STB (D.C. Cir.), the proceeding reviewing the Board's UP/
SP merger decision, will be held on September 11, 1998.
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This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: May 29, 1998.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
Revised Procedural Schedule
July 8, 1998
Requests for new remedial conditions (with supporting evidence)
filed.
August 7, 1998
Board notice of acceptance of requests for new conditions published
in the Federal Register.
August 28, 1998
Notice of intent to participate in proceeding due.
September 18, 1998
All comments, evidence, and argument opposing requests for new
remedial conditions to the merger due. Comments by U.S. Department of
Justice and U.S. Department of Transportation due.
October 16, 1998
Rebuttal evidence and argument in support of requests for new
conditions due.
The necessity of briefing, oral argument, and voting conference
will be determined after the Board's review of the pleadings.
[FR Doc. 98-14833 Filed 6-3-98; 8:45 am]
BILLING CODE 4915-00-P