[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Page 11112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5041]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32617]
CAGY Industries, Inc.--Continuance in Control Exemption--Redmont
Railway Co., Inc.
CAGY Industries, Inc. (CAGY), a noncarrier, has filed a notice of
exemption to continue in control of Redmont Railway Company, Inc.
(Redmont), a wholly owned subsidiary of CAGY, upon Redmont becoming a
class III rail carrier.1
\1\CAGY originally filed the notice of exemption on November 15,
1994. By letter filed December 5, 1994, the Mississippi-Alabama
Railroad Authority (MARA) requested the Commission to suspend the
processing of the notice and the concurrently filed related notices
in Finance Docket Nos. 32615 and 32616. MARA states that counsel for
CAGY concurred in the request. MARA claimed that it needed to meet
State requirements following enactment of enabling legislation by
Alabama and Mississippi authorizing the creation of MARA which it
states had not been completed at the time the original notice was
filed. On February 8, 1995, CAGY filed an amended verified notice of
exemption.
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Redmont, a noncarrier, has concurrently filed a notice of exemption
in Redmont Railway Company, Inc.--Lease and Operation Exemption--
Certain Lines of Mississippi-Alabama Railroad Authority, Finance Docket
No. 32616, to acquire by lease and to operate a 41.5-mile rail line
segment owned by Norfolk Southern Railway Company (NS) between milepost
IC-529.5 at Corinth, MS, and milepost IC-571.0 at Red Bay, AL.2
Redmont will also acquire incidental trackage rights to operate over
2.2 miles of NS's track between NS milepost IC-529.5 at Corinth and NS
milepost IC-527.3 at NS' Corinth Yard. The parties intended to
consummate the proposed transaction on or after February 15, 1995.
\2\In a related notice of exemption in Mississippi-Alabama
Railroad Authority--Acquisition Exemption--Norfolk Southern Railway
Company, Finance Docket No. 32615, MARA seeks to acquire from NS the
41.5-mile rail line segment. This 41.5-mile rail line segment is
embraced within a feeder line application in Sunshine Mills, Inc.--
Feeder Line Acquisition--Norfolk Southern Railway Company Line
Between Corinth, MS, and Haleyville, AL, Finance Docket No. 32337.
NS and MARA state that upon approval of the acquisition transaction,
Sunshine is expected to request dismissal of the feeder line
application.
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CAGY controls two other nonconnecting class III rail carriers:
Columbus and Greenville Railway Company (C&G), operating in
Mississippi, and the Chattooga & Chickamauga Railway Co. (CCKY),
operating in Mississippi, Georgia, and Tennessee.3
\3\The control of these carriers was authorized in CAGY
Industries, Inc.--Control Exemption--Chattooga & Chickamauga Railway
Co., Finance Docket No. 31422 (ICC served June 12, 1989).
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CAGY states that: (1) Redmont will not connect with any of the
other railroads in its corporate family; (2) the continuance in control
is not a part of a series of anticipated transactions that would
connect Redmont with any other railroad in its corporate family; and
(3) the transaction does not involve a class I railroad. 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 and served on: Eric M. Hocky, 213 West Miner Street, P.O.
Box 796, West Chester, PA 19381-0796.
Decided: February 17, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5041 Filed 2-28-95; 8:45 am]
BILLING CODE 7035-01-P
