94-25873. Donald J. and Carol N. McGradyContinuance in Control ExemptionCaldwell County Railroad Company  

  • [Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
    [Unknown Section]
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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-25873]
    
    
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    [Federal Register: October 19, 1994]
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 32585]
    
     
    
    Donald J. and Carol N. McGrady--Continuance in Control 
    Exemption--Caldwell County Railroad Company
    
        Donald J. and Carol N. McGrady (petitioners) have filed a notice of 
    exemption to continue in control of Caldwell County Railroad Company 
    (CCR), upon CCR becoming a class III rail carrier.\1\
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        \1\Petitioners will own 100% of the outstanding stock of CCR.
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        CCR, a noncarrier, has concurrently filed a notice of exemption in 
    Finance Docket No. 32584, Caldwell County Railroad Company--Lease, 
    Operation, and Acquisition Exemption--Norfolk Southern Railway Company, 
    to lease, operate, and possibly acquire in the future\2\ approximately 
    22.7 miles of rail line currently leased by the Carolina & Northwestern 
    Railroad, Inc., and owned by the Norfolk Southern Railway Company.
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        \2\CCR's possible future acquisition of the line will require 
    further Commission authority or exemption.
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        Petitioners also control a nonconnecting class III rail carrier, 
    Southeast Shortlines, Inc., d/b/a Thermal Belt Railway (SES), that 
    operates approximately 16.4 miles of railroad in southwestern North 
    Carolina.
        Petitioners state that: (1) The properties operated by SES and CCR 
    do not connect with each other; (2) the continuance in control is not a 
    part of a series of anticipated transactions that would connect the 
    railroads with each other or any railroad in their corporate family; 
    and (3) the transaction does not involve a class I carrier. Therefore, 
    the transaction is exempt from the prior approval requirements of 49 
    U.S.C. 11343. See 49 CFR 1180.2(d)(2).
        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: Robert A. Wimbish, Rea, Cross & Auchincloss, 
    Suite 420, 1920 N Street, N.W., Washington, DC 20036.
    
    Decided: October 13, 1994.
    
    By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams.
    Acting Secretary.
    [FR Doc. 94-25873 Filed 10-18-94; 8:45 am]
    BILLING CODE 7035-01-P
    
    
    

Document Information

Published:
10/19/1994
Department:
Interstate Commerce Commission
Entry Type:
Uncategorized Document
Document Number:
94-25873
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 19, 1994, Finance Docket No. 32585