[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1555]
[[Page Unknown]]
[Federal Register: January 24, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32437]
The A&G Railroad, L.L.C.; Acquisition and Operation Exemption;
Rail Lines of Abbeville & Grimes Railway Company
The A&G Railroad, L.L.C. (A&G) has filed a notice of exemption to
acquire from Abbeville & Grimes Railway Company (Abbeville) and to
operate approximately 27 rail miles in Alabama, between Abbeville and
Grimes, together with incidental trackage rights over 7 miles of CSX
Transportation, Inc. (CSXT) lines between Grimes and Dothan, AL, and
substantially all of the other railroad operating assets of Abbeville.
The proposed transaction is expected to be consummated promptly upon
the effectiveness of the exemption.
A&G is 100% owned and controlled by Rail Partners, L.P. (Partners),
a Delaware limited partnership, and Panama City Beach Office Park, Ltd.
(Office Park), a Florida limited partnership (collectively, Owners).
Neither Partners nor Office Park is a carrier, and Office Park does not
currently control a carrier. However, Partners is jointly owned and
controlled by Mr. K. Earl Durden (Durden), Green Bay Packaging, Inc.
(GBP), and Rail Management and Consulting Corporation (RMCC), and with
them jointly owns and controls several class III rail carriers. Office
Park is jointly owned and controlled by Partners and RMCC, and is thus
under common control with those class III carriers.
None of the class III carriers currently affiliated with Owners
connects with A&G. However, Durden, GBP, Partners, and RMCC are, by a
contemporaneously filed notice of exemption in Finance Docket No.
32436, Rail Management and Consulting Corporation, Green Bay Packaging,
Inc., K. Earl Durden, and Rail Partners, L.P.--Continuance in Control
Exemption--the Bay Line Railroad, L.L.C., seeking to continue in
control of another company they own, the Bay Line Railroad, L.L.C. (Bay
Line), upon Bay Line's becoming a carrier by purchase and operation of
the lines of the Atlanta & St. Andrews Bay Railroad, Inc. (ASAB), a
transaction subject to an exemption notice filed in Finance Docket No.
32435, The Bay Line Railroad, L.L.C.--Acquisition and Operation
Exemption--Rail Lines of Atlanta and St. Andrews Bay Railroad Company.
Because A&G and Bay Line connect by means of incidental trackage rights
over CSXT, between Grimes and Dothan, the ownership of A&G will be
placed in an independent voting trust prior to closing to prevent
Durden, RMCC, GBP, Partners, and Office Park from retaining direct
control over A&G once it becomes a carrier. After the closing, a
separate petition for exemption, or other pleading, will be filed with
the Commission, seeking authority for them to dissolve the voting trust
and acquire direct control over A&G.
Any comments must be filed with the Commission and served on Donald
G. Avery, Slover & Loftus, 1224 17th 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 18, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland Jr.,
Secretary.
[FR Doc. 94-1555 Filed 1-21-94; 10:00 am]
BILLING CODE 7035-01-P
