[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Page 4193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1631]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32642]
Rail Partners, L.P., Panama City Beach Office Park, Ltd., K. Earl
Durden, Green Bay Packaging, Inc., and Rail Management and Consulting
Corporation--Continuance in Control Exemption--Western Kentucky
Railway, L.L.C.
Rail Partners, L.P. (Partners), Panama City Beach Office Park, Ltd.
(Office Park), K. Earl Durden (Durden), Green Bay Packaging, Inc.
(GBP), and Rail Management and Consulting Corporation (RMCC)
(collectively, Owners), all noncarriers, have filed a notice of
exemption to continue to control Western Kentucky Railway, L.L.C.
(WKR),\1\ a noncarrier, upon WKR's becoming a carrier. WKR has
concurrently filed a notice of exemption in Western Kentucky Railway,
L.L.C.--Acquisition and Operation Exemption--Rail Lines of Costain
Coal, Inc., and Tradewater Railway Company, Finance Docket No. 32641,
to acquire and operate approximately 93 miles of rail line owned by
Costain Coal, Inc., and operated by Tradewater Railway Company between
milepost 28.0, at Princeton, KY, and milepost 97.25, at Waverly, KY;
between milepost 0.0, at Blackford, KY, and milepost 3.8, at Pyro Wye,
KY; between milepost 0.0, at the Costain Prep Plant and milepost 13.5,
at Providence, KY; between milepost 0.0, at the Costain Prep Plant and
milepost 5.5, at Caney Creek, KY; and the 1-mile looptrack at
Wheatcroft, KY.
\1\WKR is 97% owned and controlled by Partners, a Delaware
limited partnership. The remaining ownership rights are as follows:
1% by Office Park, a Florida limited partnership, 1% by Durden, a
citizen of the state of Florida, and 1% by GBP, a Wisconsin
Corporation.
Partners, Office Park, Durden and GBP are noncarriers. Partners
is jointly owned and controlled by Durden, GBP, and RMCC, and with
them jointly owns and controls twelve class III railroads, and
awaits Commission exemption of its acquisition of direct control of
a thirteenth carrier upon the dissolution of an independent voting
trust agreement. See Rail Partners, L.P., Panama City Beach Office
Park, Ltd., K. Earl Durden, Green Bay Packaging, Inc. and Rail
Management and Consulting Corporation--Acquisition of Control
Exemption--A&G Railroad, L.L.C., Finance Docket No. 32437 (Sub-No.
1).
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Owners jointly control 12 other nonconnecting class III rail
carriers.\2\ Durden individually controls another short line, the
Lakeside Transportation Co.\3\ These nonconnecting affiliated rail
carriers operate in the States of Alabama, Florida, North Carolina,
Georgia, Texas, Missouri, Arizona, Tennessee, Kentucky, Wisconsin, and
Arkansas. Owners indicate that: (1) WKR does not connect with any other
railroad controlled by Owners; (2) the continuance in control is not a
part of a series of anticipated transactions that would connect WKR
with any other railroad controlled by Owners; and (3) the transaction
does not involve a class I carrier. The transaction therefore is exempt
from the prior approval requirements of 49 U.S.C. 11343. See 49 CFR
1180.2(d)(2).
\2\See Green Bay Packaging, Inc.; K. Earl Durden; Galveston
Railway, Inc.; Rail Management and Consulting Corporation; and Rail
Management and Consulting Corporation; and Rail Partners, L.P.--
Continuance in Control Exemption--Galveston Railroad, L.P.--
Continuance in Control Exemption--Galveston Railraod, L.P; LRW RY,
L.P.; ET RY, L.P.; ATW RY, L.P.; KWT Railway, Inc.; Copper Basin
Railway, Inc.; and Wilmington Terminal Railroad, Inc., Finance
Docket No. 31869 (ICC served July 5, 1991); K. Earl Durden, Green
Bay Packaging, Inc., Rail Management and Consulting Corporation, and
Wilmington Terminal Railroad, Inc.--Continuance in Control
Exemption--Wilmington Terminal Railroad, L.P., and Georgia Central
Railway, L.P., Finance Docket No. 31948 (ICC served Nov. 21, 1991);
Rail Management and consulting Corporation, Green Bay Packaging,
Inc., an K. Earl Durden--Continuance in Control Exemption--Tomahawk
Railway, L.P. and Valdosta Railway, L.P., Finance Docket No. 31996
(ICC served Jan. 28, 1992); Rail Management and Consulting Corp.,
Green Bay Packaging, Inc., K. Kearl Durden and Rail Partners, L.P.--
Continuance in Control Exemption--The Bay Line Railroad, L.L.C.,
Finance Docket No. 32436 (ICC served Jan. 24, 1994); and Rail
Management and Consulting Corporation, Green Bay Packaging, Inc., K.
Karl Durden, Panama City Beach Office Park, Ltd. and Rail Partners,
L.P.--Corporate Family and Control Exemptions--Lakeside
Transportation, L.L.C., Finance Docket No. 32414 (Sub-No. 2) (ICC
served Feb. 14, 1994).
\3\See K. Earl Durden--Continuance in Control Exemption--
Lakeside Transportation Co., Finance Docket No. 32414 (Sub-No. 1)
(ICC served Dec. 17, 1993).
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As a condition to use of this exemption, any employees affected by
the transaction will be protected by the conditions set forth in New
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
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 transaction. Pleadings must be filed with the
Commission and served on: Patricia E. Dietrich, Slover & Loftus, 1224
Seventeenth Street, NW., Washington, DC 20036.
Decided: January 17, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-1631 Filed 01-19-95; 8:45 am]
BILLING CODE 7035-01-P
