[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 <SUP>1</SUP> 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.<SUP>2</SUP> 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.<SUP>3</SUP>
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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