95-1512. RailTex, Inc.Continuance in Control ExemptionCentral Oregon & Pacific Railroad, Inc.  

  • [Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
    [Notices]
    [Page 3880]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1512]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 32568]
    
    
    RailTex, Inc.--Continuance in Control Exemption--Central Oregon & 
    Pacific Railroad, Inc.
    
        RailTex, Inc. (RailTex), a noncarrier, has filed a verified notice 
    under 49 CFR 1180.2(d)(2) to continue to control Central Oregon & 
    Pacific Railroad, Inc. (CORP), upon the latter's becoming a class III 
    carrier.
        CORP has concurrently filed a verified notice of exemption in 
    Central Oregon & Pacific Railroad, Inc.--Lease, Operation, and 
    Acquisition Exemption--Southern Pacific Transportation Company, Finance 
    Docket No. 32567, for CORP's lease, acquisition, and operation of 
    446.05 miles of rail line owned by Southern Pacific Transportation 
    Company, between specified points in Coos, Douglas, Jackson, Josephine, 
    and Lane Counties, OR and Siskiyou County, CA. The proposed transaction 
    was expected to be consummated on December 31, 1994.
        RailTex currently controls 14 class III railroads: New England 
    Central Railroad; Chesapeake & Albemarle Railroad Company, Inc.; 
    Indiana Southern Railroad, Inc.; North Carolina & Virginia Railroad 
    Company, Inc.; Mid- Michigan Railroad, Inc.; Missouri & Northern 
    Arkansas Railroad Company, Inc.; Austin & Northwestern Railroad 
    Company, Inc.; South Carolina Central Railroad Company, Inc.; Dallas, 
    Garland & Northeastern Railroad, Inc.; San Diego & Imperial Valley 
    Railroad Company, Inc.; New Orleans Lower Coast Railroad Company, Inc.; 
    Michigan Shore Railroad Company, Inc.; Salt Lake City Southern Railroad 
    Company, Inc.; and Grand Rapids Eastern Railroad, Inc. RailTex also 
    controls two Canadian rail carriers.
        This continuance in control transaction is exempt from the prior 
    approval requirements of 49 U.S.C. 11343 under 49 CFR 1180.2(d)(2) 
    because: (1) CORP does not connect with any other railroad in the 
    corporate family; (2) the continuance in control is not a part of a 
    series of anticipated transactions that would connect CORP with any 
    other railroad in its corporate family; and (3) the transaction does 
    not involve a class I carrier.
        As a condition to use of this exemption, any employees affected by 
    the transaction must be protected by the conditions set forth in New 
    York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
        If the verified notice contains false or misleading information, 
    the exemption is void ab initio. Petitions to revoke the exemption 
    under 49 U.S.C. 10505(d) may be filed at any time. The filing of a 
    petition to revoke will not automatically stay the exemption's 
    effectiveness. Pleadings must be filed with the Commission and served 
    on: Robert L. Calhoun, Sullivan & Worcester, Suite 1000, 1025 
    Connecticut Ave., N.W., Washington, DC 20036.
    
        Decided: January 13, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-1512 Filed 1-18-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
01/19/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-1512
Pages:
3880-3880 (1 pages)
Docket Numbers:
Finance Docket No. 32568
PDF File:
95-1512.pdf