[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10795]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32036 (Sub-No. 1)]
Wisconsin Central Transportation Corporation, et al.--Continuance
in Control--Fox Valley and Western Ltd.
AGENCY: Interstate Commerce Commission.
ACTION: Notice of institution of proceeding.
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SUMMARY: Applicants, shippers, and other interested parties may file
written comments with the Commission regarding the competitive impacts
of WCTC's continuance in control of FV&W. Participants are asked to
address themselves in particular to: (1) Whether substantial
competitive harm has resulted from the transaction, and (2) if so,
whether appropriate and workable conditions can be formulated.
DATES: Comments will be accepted no later than July 5, 1994.
ADDRESSES: An original and 10 copies of the comments, referencing
Finance Docket No. 32036 (Sub-No. 1), must be mailed to: Office of the
Secretary, Case Control Branch, Interstate Commerce Commission,
Washington, DC 20423. Comments need not be served on other persons.
FOR FURTHER INFORMATION CONTACT: Kay Anderson (202) 927-6203. TDD for
hearing impaired: (202) 927-5721.
SUPPLEMENTARY INFORMATION: By a decision served February 11, 1993, the
Commission instituted an oversight plan that allows us to monitor
effectively the competitive results of Wisconsin Central Transportation
Corporation's (WCTC) continuance in control of Fox Valley and Western
Ltd. (FV&W).1 As detailed in the decision, the oversight covers 5
years and contains five elements: Notification of shippers, reporting
by applicants, discussion with selected parties, proceeding, and staff
report. Commission staff has been actively monitoring the transaction
since its consummation on August 28, 1993.
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\1\This transaction was approved by decision served December 10,
1992, which was corrected by a decision served December 22, 1992.
See Wisc. Central Transportation Corporation, et al., 9 I.C.C.2d 233
(1992). On December 30, 1992, Chicago and North Western
Transportation Company (CNW) petitioned the Commission to reopen the
proceeding. CNW argued that the Commission materially erred in its
competitive impact analysis and in its failure to impose any of
CNW's proposed remedial conditions. By decision served July 23,
1993, the petition to reopen was denied. See Wisc. Central
Transportation Corporation, et al., 9 I.C.C.2d 730 (1993).
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This notice announces the decision to initiate the fourth element
of this year's oversight function--the proceeding. In the February 11
decision, the Commission stated that a proceeding would be conducted
annually during which applicants, shippers, and other interested
parties may express their views on the competitive impacts of the
transaction and on appropriate conditions to remedy any substantial
anticompetitive effects. This proceeding is a fact-finding mechanism
and will not necessarily result in a formal ruling.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
The decision is being served on all persons appearing on the
service list in Finance Docket No. 32036.
Decided: April 28, 1994.
By the Commission, Chairman McDonald, Vice Chairman Phillips,
Commissioners Simmons and Philbin. Commissioner Philbin was absent
and did not participate in the disposition of this proceeding.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-10795 Filed 5-3-94; 8:45 am]
BILLING CODE 7035-01-P
