95-1632. Western Kentucky Railway, L.L.C.Acquisition and Operation ExemptionRail Lines of Costain Coal, Inc. and Tradewater Railway Company  

  • [Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
    [Notices]
    [Pages 4193-4194]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1632]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 32641]
    
    
    Western Kentucky Railway, L.L.C.--Acquisition and Operation 
    Exemption--Rail Lines of Costain Coal, Inc. and Tradewater Railway 
    Company
    
        Western Kentucky Railway, L.L.C. (WKR),\1\ a noncarrier, has filed 
    a notice of exemption to acquire and operate approximately 93 miles of 
    rail line owned by Costain Coal, Inc. (Costain) and operated under a 
    lease agreement by Tradewater Railway Company (Tradewater) 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, together with substantially all of the other railroad 
    operating assets and certain contract rights of Costain and Tradewater. 
    WKR will interchange traffic with Paducah & Louisville Railway, Inc., 
    at Princeton, KY, and with CSX Transportation, Inc., at Providence, KY. 
    The proposed transaction is expected to be consummated shortly after 
    the effective date of this exemption which will result in WKR's 
    becoming a carrier.
    
        \1\WKR is 97% owned and controlled by Rail Partners, L.P. 
    (Partners), a Delaware limited partnership. The remaining ownership 
    rights are as follows: 1% by Panama City Beach Office Park, Ltd. 
    (Office Park), a Florida limited partnership, 1% by Mr. K. Earl 
    Durden (Durden), a citizen of the state of Florida, and 1% by Green 
    Bay Packaging, Inc. (GBP), a Wisconsin corporation.
        Partners, Office Park, Durden and GBP are noncarriers. Partners 
    is jointly owned and controlled by Durden, GBP, and Rail Management 
    and Consulting Corporation (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--Control Exemption--A&G Railroad, L.L.C., Finance Docket 
    No. 32437 (Sub-No. 1).
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        This proceeding is related to 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., Finance Docket No. 32642, 
    wherein the owners of WKR have concurrently filed a notice of exemption 
    to continue in control of WKR, upon WKR's becoming a carrier.
        Any comments must be filed with the Commission and served on: 
    Patricia E. [[Page 4194]] Dietrich, Slover & Loftus, 1224 Seventeenth 
    Street, NW, Washington, DC 20036.
        This notice is filed under 49 CFR 1150.31. If the 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 transaction.
    
        Decided: January 17, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-1632 Filed 1-19-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
01/20/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-1632
Pages:
4193-4194 (2 pages)
Docket Numbers:
Finance Docket No. 32641
PDF File:
95-1632.pdf