95-31320. RailAmerica, Inc.; Continuance in Control Exemption; West Texas and Lubbock Railroad Company, Inc. and Plainview Terminal Company  

  • [Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
    [Notices]
    [Page 66988]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-31320]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 32797]
    
    
    RailAmerica, Inc.; Continuance in Control Exemption; West Texas 
    and Lubbock Railroad Company, Inc. and Plainview Terminal Company
    
        RailAmerica has filed a notice of exemption to continue in control 
    of the West Texas and Lubbock Railroad Company, Inc. (WTLR) and the 
    Plainview Terminal Company (PTC) upon WTLR and PTC becoming active 
    class III shortline rail carriers.
        WTLR has filed a notice of exemption in West Texas and Lubbock 
    Railroad Company, Inc.--Purchase and Operation Exemption--Seagraves, 
    Whiteface and Lubbock Railroad Company, Finance Docket No. 32796, to 
    acquire and operate 113.0 route miles of interconnected rail lines from 
    the Seagraves, Whiteface and Lubbock Railroad Company (SWGR). WTLR will 
    also obtain ancillary overhead trackage rights held by SWGR over 
    certain lines and yard tracks of The Atchison, Topeka and Santa Fe 
    Railway Company (ATSF) at Lubbock Subdivision and in ATSF's Lubbock 
    yards.
        PTC has filed a notice of exemption in Plainview Terminal Company--
    Purchase and Operation Exemption--Floydada and Plainview Railroad 
    Company, Finance Docket No. 32795, to acquire operating rights over a 
    4.6 mile line of railroad at Plainview, TX.
        RAI controls five other carriers: The Delaware Valley Railway 
    Company, Inc. (DVRY), the Huron and Eastern Railway Company, Inc. 
    (HESR) the Saginaw Valley Railway Company, Inc. (SGVR), the South 
    Central Tennessee Railroad Company (SCTR), and Dakota Rail, Inc. (DRI).
        RAI certifies that: (1) The WTLR and PTC do not interconnect, nor 
    do they interconnect with any other rail carrier it controls; (2) the 
    continuance in control is not 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. The transaction, therefore, 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 1 and served on: Robert A. Wimbish, Rea, Cross & 
    Auchincloss, 1920 N Street, NW, Suite 420, Washington, D.C. 20036.
    
        \1\ Legislation to sunset the Commission on December 31, 1995, 
    and transfer remaining functions is now under consideration in 
    Congress. Until further notice, parties submitting pleadings should 
    continue to use the current name and address.
    
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        Decided: December 19, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-31320 Filed 12-26-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
12/27/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-31320
Pages:
66988-66988 (1 pages)
Docket Numbers:
Finance Docket No. 32797
PDF File:
95-31320.pdf