27780 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices

industries and consumers in the United

States. Section 215(b) of the CBERA

requires the Commission to assess the

actual effect of the act on the United

States economy generally as well as on

appropriate domestic industries and to

assess the probable future effects of the

act. Section 215(c)(2) of the CBERA

requires that the Commission provide

an opportunity for the public, either

orally or in writing, or both, to submit

to the Commission information relating

to matters that will be addressed in the

reports. The Commission instituted the

present investigation under section

332(b) of the Tariff Act of 1930 (19

U.S.C. 1332(b)) on March 21, 1986, for

the purpose of gathering and presenting

such information on the CBERA.

Section 332(b) of the Tariff Act of 1930

provides the Commission with general

authority to conduct factfinding

investigations with respect to trade and

tariff matters. Notice of institution of the

investigation and the schedule for such

reports was published in the Federal

Register of May 14, 1986 (51 FR 17678).

The tenth report, covering calendar year

1994, is to be submitted by September

30, 1995.

Written Submissions: The

Commission does not plan to hold a

public hearing in connection with the

tenth annual report. However, interested

persons are invited to submit written

statements concerning the matters to be

addressed in the report. Commercial or

financial information that a party

desires the Commission to treat as

confidential must be submitted on

separate sheets of paper, each clearly

marked ‘‘Confidential Business

Information’’ at the top. All submissions

requesting confidential treatment must

conform with the requirements of

§ 201.6 of the Commission’s Rules of

Practice and Procedure (19 CFR 201.6).

All written submissions, except for

confidential business information, will

be made available for inspection by

interested persons in the Office of the

Secretary to the Commission. To be

assured of consideration by the

Commission, written statements relating

to the Commission’s report should be

submitted at the earliest practical date

and should be received no later than

July 14, 1995.

Address all submissions to the

Secretary to the Commission, U.S.

International Trade Commission, 500 E

St., SW., Washington, D.C. 20436.

Hearing-impaired persons are advised

that information on this matter can be

obtained by contacting the

Commission’s TDD terminal on (202)

205–1810.

Issued: May 22, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–12878 Filed 5–24–95; 8:45 am]

BILLING CODE 7020–02–P

INTERSTATE COMMERCE

COMMISSION

[Finance Docket No. 32549 (Sub-No. 15)]

Grainbelt Corporation—Trackage

Rights Over Burlington Northern

Railroad Company Between Snyder,

OK, and Quanah, TX

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 24; notice of

acceptance of responsive application

filed by Grainbelt Corporation.

SUMMARY: The Commission is accepting

for consideration the application filed

by Grainbelt Corporation (GNBC) for the

modification of certain trackage rights

over lines of Burlington Northern

Railroad Company (BN) between

Snyder, OK, and Quanah, TX. This

application is responsive to the primary

application filed by BN and its

corporate parent, Burlington Northern

Inc. (BNI), and The Atchison, Topeka

and Santa Fe Railway Company (Santa

Fe) and its corporate parent, Santa Fe

Pacific Corporation (SFP), by which

primary applicants BNI, BN, SFP, and

Santa Fe seek approval for BNI’s

acquisition of, control of, and merger

with SFP, the resulting common control

of BN and Santa Fe by the merged

company, the consolidation of BN and

Santa Fe railroad operations, and the

merger of BN and Santa Fe.

DATES: The effective date of this

decision is May 25, 1995. Comments

regarding the GNBC responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the GNBC responsive

application must be filed by June 19,

1995. Briefs (not to exceed 50 pages)

must be filed by June 29, 1995.

ADDRESSES: An original and 20 copies of

all documents must refer to Finance

Docket No. 32549 (Sub-No. 15) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 15), Interstate

Commerce Commission, 1201

Constitution Avenue, N.W.,

Washington, D.C. 20423. Parties are

encouraged also to submit all pleadings

and attachments on a 3.5-inch diskette

in WordPerfect 5.1 format.

In addition, one copy of all

documents in this proceeding must be

served, by first class mail, on: the

Secretary of the Department of

Transportation; the Attorney General of

the United States; Administrative Law

Judge Jacob Leventhal, Federal Energy

Regulatory Commission, Office of

Hearings, 825 North Capitol Street, N.E.,

Washington, D.C. 20426; Betty Jo

Christian, Esq., Steptoe & Johnson, 1330

Connecticut Avenue, N.W., Washington,

D.C. 20036–1795 (representing primary

applicants BNI and BN); Erika Z. Jones,

Esq., Mayer, Brown & Platt, 2000

Pennsylvania Avenue, N.W., Suite 6500,

Washington, D.C. 20006 (representing

primary applicants SFP and Santa Fe);

and William P. Quinn, Esq., Gollatz,

Griffin & Ewing, P.C., 213 W. Miner St.,

P.O. Box 796, West Chester, PA 19381–

0796 (representing responsive applicant

GNBC).

Furthermore, one copy of all

documents in this proceeding must be

served, by first class mail, on all persons

designated parties of record [POR] on

the Commission’s service list, served on

May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Julia

Farr, (202) 927–5352. [TDD for the

hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: By this

responsive application, GNBC seeks

modification of overhead trackage rights

it holds over an approximately 60-mile

BN line between Snyder, OK, and

Quanah, TX. The trackage rights were

granted to GNBC in conjunction with its

purchase of a rail line from BN in 1987.

GNBC requests that the trackage rights

be amended to allow for interchanges

with other carriers at Altus, OK and at

Quanah. GNBC states that this would

allow for interchange with GNBC’s

sister corporation, Farmrail Corporation

(FMRC) at Altus, and with Southern

Pacific Transportation Company (SP) at

Quanah. GNBC states that it expects that

a commonly controlled BN/Santa Fe

would provide facilities in Altus and

Quanah which would allow for the

direct interchange between GNBC and

other carriers. Furthermore, GNBC

requests the right to provide local

service to industries located at and in

the vicinity of Altus.

GNBC’s responsive application

substantially complies with the

applicable regulations, and it has

therefore been accepted for

consideration by the Commission.

The responsive application and

exhibits are available for inspection in

the Public Docket Room at the offices of

the Commission in Washington, D.C. In

addition, they may be obtained upon

request from GNBC’s representative

named above.

This responsive application is

consolidated for disposition with the
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices 27781

1HL&P states that it recognizes that, because it is

not an ‘‘applicant carrier’’ as defined by 49 CFR

1180.3(b), applicant carriers who may receive such

requested trackage rights as a result of this

responsive application will necessarily have to

resolve carrier-specific, trackage rights issues in a

‘‘follow-up proceeding.’’ (HLP–12, at 3–4.)

Finance Docket No. 32549 primary

application (and all embraced

proceedings). Service of an initial

decision will be waived, and

determination of the merits of the

responsive application will be made in

the first instance by the entire

Commission. 49 U.S.C. 11345(f).

Interested persons may participate

formally by submitting written

comments regarding the responsive

application, subject to the filing and

service requirements specified above.

Such comments (referred to as

‘‘responses’’ in the procedural schedule)

should indicate the exact proceeding

designation and should be filed with the

Commission by June 9, 1995. Comments

shall include the following: the

commenter’s position in support of or in

opposition to the proposed transaction;

any and all evidence, including verified

statements, in support of or in

opposition to the proposed transaction;

and specific reasons why approval

would or would not be in the public

interest. Interested persons who do not

intend to participate formally in the

proceeding but who desire to comment

may also file statements, also subject to

the filing and service requirements

specified above. Persons must state

specifically whether they intend to

participate actively in the proceeding or

whether they wish only to be advised of

all decisions issued by the Commission.

Failure to state an intention to

participate as an active party will result

in the person being placed in the latter

category.

Because GNBC’s responsive

application contains proposed

conditions to approval of the primary

application in Finance Docket No.

32549, the Commission will entertain

no requests for affirmative relief to this

proposal. Parties may only participate in

direct support of or direct opposition to

GNBC’s responsive application as filed.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: May 17, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12888 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32549 (Sub-No. 13)]

Houston Lighting and Power

Company; Trackage Rights Over Lines

of The Atchison, Topeka and Santa Fe

Railway Company in Texas

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 22; Notice of

acceptance of responsive application

filed by Houston Lighting and Power

Company.

SUMMARY: The Commission is accepting

for consideration the application filed

by Houston Lighting and Power

Company (HL&P) for trackage rights

over lines of The Atchison, Topeka and

Santa Fe Railway Company (Santa Fe)

between Rosenberg, TX, and Smithers

Lake, TX, and/or between Sealy, TX,

and Smithers Lake, TX. This application

is responsive to the primary application

filed by Burlington Northern Railroad

Company (BN) and its corporate parent,

Burlington Northern Inc. (BNI), and

Santa Fe and its corporate parent, Santa

Fe Pacific Corporation (SFP), by which

primary applicants BNI, BN, SFP, and

Santa Fe seek approval for BNI’s

acquisition of, control of, and merger

with SFP, the resulting common control

of BN and Santa Fe by the merged

company, the consolidation of BN and

Santa Fe railroad operations, and the

merger of BN and Santa Fe.

DATES: The effective date of this

decision is May 25, 1995. Comments

regarding the HL&P responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the HL&P responsive

application must be filed by June 19,

1995. Briefs (not to exceed 50 pages)

must be filed by June 29, 1995.

ADDRESSES: An original and 20 copies of

all documents must refer to Finance

Docket No. 32549 (Sub-No. 13) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 13), Interstate

Commerce Commission, 1201

Constitution Avenue, NW., Washington,

DC 20423. Parties are encouraged also to

submit all pleadings and attachments on

a 3.5-inch diskette in WordPerfect 5.1

format.

In addition, one copy of all

documents in this proceeding must be

served, by first class mail, on: The

Secretary of the Department of

Transportation; the Attorney General of

the United States; Administrative Law

Judge Jacob Leventhal, Federal Energy

Regulatory Commission, Office of

Hearings, 825 North Capitol Street, NE.,

Washington, DC 20426; Betty Jo

Christian, Esq., Steptoe & Johnson, 1330

Connecticut Avenue, NW., Washington,

DC 20036–1795 (representing primary

applicants BNI and BN); Erika Z. Jones,

Esq., Mayer, Brown & Platt, 2000

Pennsylvania Avenue, NW., Suite 6500,

Washington, DC 20006 (representing

primary applicants SFP and Santa Fe);

and C. Michael Loftus, Esq., Slover &

Loftus, 1224 Seventeenth Street, NW.,

Washington, DC 20036 (representing

responsive applicant HL&P).

Furthermore, one copy of all

documents in this proceeding must be

served, by first class mail, on all persons

designated parties of record [POR] on

the Commission’s service list, served on

May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Julia

Farr, (202) 927–5352. [TDD for the

hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: By this

responsive application, HL&P seeks

trackage rights over certain lines of

Santa Fe between Rosenberg, TX, and

Smithers Lake, TX, and/or between

Sealy, TX, and Smithers Lake, TX.

Specifically, HL&P seeks overhead

trackage rights on behalf of a rail

carrier(s) unaffiliated with the primary

applicants over a 47.2-mile Santa Fe

line for the movement of coal trains

between milepost 94.6, at Sealy, TX,

and Smithers Lake, TX, where HL&P’s

coal-fired electric generating facility

known as the W.A. Parish Electric

Generating Station (Parish Station) is

located. HL&P also seeks, instead of or

in addition to its first request, overhead

trackage rights on behalf of a rail

carrier(s) unaffiliated with the primary

applicants over an 18.8-mile Santa Fe

line for the movement of coal trains

between milepost 66.2, at Rosenberg,

TX, and Smithers Lake, TX, where the

Parish Station is located. HL&P asserts

that the requested trackage rights would

serve to maintain existing rail

competition that would be eliminated if

the Commission approves the proposed

BN/Santa Fe merger.

HL&P’s responsive application

substantially complies with the

applicable regulations,1 and it has

therefore been accepted for

consideration by the Commission.

The responsive application and

exhibits are available for inspection in

the Public Docket Room at the offices of

the Commission in Washington, DC. In

addition, they may be obtained upon

request from HL&P’s representative

named above.