[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Page 67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31401]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32818]
Coast Enterprises, Inc.--Acquisition Exemption--Sierra Pacific
Coast Railway, Inc.; Sierra Railroad, a Division of Coast Enterprises,
Inc.--Operation Exemption--Coast Enterprises, Inc.
Coast Enterprises, Inc. (Coast) and Sierra Railroad, a Division of
Coast Enterprises, Inc. (SSR), have filed a verified notice under 49
CFR Part 1150, Subpart D--Exempt Transactions for Coast to acquire from
Sierra Pacific Coast Railway, Inc. (SPCR) and for SSR to operate,
approximately 49 miles of rail line, between milepost 0.0 at Oakdale,
in Stanislaus County, CA, and the end of the line at milepost 49.0 at
Fassler, in Tuolumne County, CA.1
\1\ Although the verified notice was filed by SRR, it is signed
by Michael G. Hart in his capacity as President of Coast. This is
sufficient to treat the verified notice as having been filed by both
SRR and Coast.
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The transaction was consummated on or about September 29, 1995. The
notice of exemption was filed on November 27, 1995, and became
effective, pursuant to 49 CFR 1150 Subpart D, on December 4, 1995. On
or about July 1, 1995, SRR filed a small carrier transfer application
with the Commission seeking approval for SRR's acquisition of the line
from SPCR. That application was rejected.2 In addition, Coast's
and SRR's representative informed the Commission staff that their
original representative that handled this case left the firm, and the
case had to be handled by another representative with guidance from our
Office of Public Assistance. It would appear that Coast and SSR were
unaware that consummation should not have occurred before the effective
date of the exemption.
\2\ A small carrier transfer application is for motor carriers.
This procedure is not available for rail transactions.
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If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to reopen the proceeding 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 stay the exemption's
effectiveness. An original and 10 copies of all pleadings, referring to
Finance Docket No. 32818, must be filed with he Office of the
Secretary, Case Control Branch, Interstate Commerce Commission,3
Washington, DC 20423. In addition, a copy of each pleading must be
served on Michael G. Hart, President, Coast Enterprises, Inc. 17516 Old
Summit Road, Los Gatos, CA 95030.
\3\ 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 20, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31401 Filed 12-27-95; 8:45 am]
BILLING CODE 7035-01-P
