[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7339]
[[Page Unknown]]
[Federal Register: March 29, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32464]
H. Peter and Linda C. Claussen--Continuance in Control
Exemption--Piedmont & Atlantic Railroad Co., Inc.
H. Peter and Linda C. Claussen (the Claussens) have filed a notice
of exemption to continue in control of Piedmont & Atlantic Railroad
Co., Inc. (PARR), upon PARR becoming a class III rail carrier.
PARR, a noncarrier, has concurrently filed a notice of exemption in
Piedmont & Atlantic Railroad Co., Inc.--Lease and Operation Exemption--
L & S Holding Company d/b/a Laurinburg & Southern Railroad Co. and
Yadkin Valley Railroad Company, Finance Docket No. 32462, to sublease
and operate approximately 101.7 miles of rail line owned by Southern
Railway Company, leased by Laurinburg and Southern Railroad Company
(LSR), and operated by Yadkin Valley Railroad Company (YVRR).\1\ The
trackage consists of two rail segments entirely within North Carolina
extending: (1) 63.2 miles from milepost K-37.0 at Rural Hall in Forsyth
County to milepost K-100.2 at North Wilkesboro in Wilkes County; and
(2) 38.5 miles from milepost CF-0.0 at Mount Airy in Surry County and
milepost CF-38.5 near Brook Cove in Stokes County.\2\ The notice became
effective on March 3, 1994.\3\
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\1\LSR originally acquired the lease and YVRR the operating
authority in Laurinburg and Southern Railroad Company, et al.--Lease
and Operation Exemption--Southern Railway Company, Finance Docket
No. 31526 (ICC served Nov. 7, 1989).
LSR and YVRR are two of four active rail carriers [the other two
are Robeson County Railroad Corporation (RCR) and Nash County
Railroad Corporation] and two inactive rail carriers (Saltville
Railroad Corporation and Franklin County Railroad Corporation) that
were recently merged into Laurinburg Oil Company (Laurinburg), in a
corporate family transaction. Laurinburg Oil Company--Merger
Exemption--Laurinburg and Southern Railroad Company, Robeson County
Railroad Corporation, Yadkin Valley Railroad Company, and Nash
County Railroad Corporation, Finance Docket No. 32426 (ICC served
Jan. 13, 1994). The merger also involved the Red Springs and
Northern Railroad Company, a division of RCR. After the merger,
Laurinburg's name was changed to L & S Holding Company (L&S), and
the four active railroads operated as separate divisions of L&S.
\2\In two other concurrently filed notices of exemption, the
Rocky Mount & Western Railroad Co., Inc. (RMWR), another noncarrier
controlled by the Claussens, is acquiring a nonconnecting rail line
from L & S Holding Company d/b/a Nash County Railroad Corporation;
and the Claussens correspondingly seek to continue in control of
RMWR when it becomes a class III rail carrier. Rocky Mount & Western
Railroad Co., Inc.--Acquisition and Operation Exemption--L & S
Holding Company d/b/a Nash County Railroad Corporation, Finance
Docket No. 32463; and H. Peter and Linda C. Claussen--Continuance in
Control Exemption--Rocky Mount & Western Railroad Co., Inc., Finance
Docket No. 32465.
\3\Under 49 CFR 1150.32(b), notices of exemption become
effective 7 days after filing. Here, the effective date is
calculated from February 24, 1994, when petitioners' additional
submission was received.
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The Claussens own and control the following nonconnecting class III
rail carriers: Albany Bridge Company, Inc. (operating in Georgia); Gulf
and Ohio Railways, Inc. (operating in Mississippi as the Mississippi
Delta Railroad and in Georgia as the Atlantic & Gulf Railroad);
Wiregrass Central Railroad Company, Inc. (operating in Alabama); and H
& S Railroad Company, Inc. (operating in Alabama).
The Claussens state that: (1) The properties operated by these
railroads do not connect with each other or with the lines being
acquired from PARR and RMWR; (2) the continuance in control is not a
part of a series of anticipated transactions that would connect the
railroads with each other or with any railroad in the 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: Adam M. Mycyk of Weiner, Brodsky, Sidman &
Kider, P.C., 1350 New York Avenue, N.W., Suite 800, Washington, DC
20005-4797.
Decided: March 22, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7337 Filed 3-28-94; 8:45 am]
BILLING CODE 7035-01-P
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 139X)]
Norfolk and Western Railway Company--Abandonment Exemption--In
Madison and St. Clair Counties, IL, et al.
Norfolk and Western Railway Company (N&W) has filed a notice of
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon
approximately 23.38 miles of rail line in Madison and St. Clair
Counties, IL, and the city of St. Louis, MO. The lines to be abandoned
are segments which extend: (1) Between milepost A-9.13 at Wanda, IL,
and milepost A-13.0 at Bluffs Junction, IL;1 (2) between milepost
A-20.5 at Troy, IL, and milepost A-37.04 at Bridge Junction, IL; (3)
between milepost 2.20 at Branch Street Yard, MO, and milepost 3.35 at
Venice, IL; and (4) between milepost O.O at Venice, IL, and milepost
1.82 at McKinley, Junction, IL.
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\1\The notice of exemption erroneously stated that this line
segment was 4.0 miles long. The correct distance is 3.87 miles. N&W
has acknowledged the error and concurs in this correction.
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N&W has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has moved over the
line for at least 2 years; (3) no formal complaint filed by a user of
rail service on the line (or by a State or local government entity
acting on behalf of such user) regarding cessation of service over the
line either is pending with the Commission or with any U.S. District
Court or has been decided in complainant's favor within the 2-year
period; and (4) it has met the notice requirements at 49 CFR 1105.7(b)
(service of environmental report on agencies), 49 CFR 1105.8(c)
(service of historic report on State Historic Preservation Officer), 49
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice
to government agencies).
As a condition to use of this exemption, any employee adversely
affected by the abandonment shall be protected under Oregon Short Line
R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether
this condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10505(d) must be filed.
This exemption will be effective on April 28, 1994, unless stayed
or a formal expression of intent to file an offer of financial
assistance (OFA) is filed. Petitions to stay that do not involve
environmental issues,2 formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests
under 49 CFR 1152.29 must be filed by April 8, 1994.4 Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by April 18, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\2\A stay will be issued routinely by the Commission in those
proceedings where an informed decision on environmental issues
(whether raised by a party or by the Commission's Section of
Environmental Analysis in its independent investigation) cannot be
made before the effective date of the exemption. See Exemption of
Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any entity seeking
a stay on environmental concerns is encouraged to file its request
as soon as possible in order to permit the Commission to review and
act on the request before the effective date of the exemption.
\3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\The Commission will accept late-filed trail use requests as
long as it retains jurisdiction to do so.
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A copy of any pleading filed with the Commission should be sent to
Conrail's representative: James R. Paschall, Norfolk Southern
Corporation, Three Commercial Place, Norfolk, VA 23510.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
N&W has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by April 1, 1994. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser,
Chief of SEA, at (202) 927-6248. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: March 22, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7339 Filed 3-28-94; 8:45 am]
BILLING CODE 7035-01-P
