[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Notices]
[Page 35225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16468]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32693]
Daniel R. Frick--Continuance in Control Exemption--J.K. Line,
Inc., Winimac Southern Railway Company, and A. & R. Line, Inc.
Daniel R. Frick (Frick), a noncarrier individual, has filed a
notice of exemption to continue in control of A. & R. Line, Inc. (A&R),
upon A&R becoming a class III rail carrier.
A&R, a noncarrier, has concurrently filed a notice of exemption in
A. & R. Line, Inc.--Acquisition Exemption--Winimac Southern Railway
Company, Finance Docket No. 32694, to acquire approximately 27.4 miles
of rail line owned by Winimac Southern Railway Company (WSR) extending
south-easterly from milepost 25.7 at Winimac, IN, to milepost 5.0 at
Kenneth, IN, and thence eastwardly to milepost 74.5 at Logansport, IN.
WSR will continue to operate the line as a common carrier, and A&R will
acquire the residual common carrier obligation. The exemption became
effective on April 27, 1995.
Frick owns and controls J.K. Line, Inc. (JK), a nonconnecting class
III rail carrier operating in Indiana. Frick also controls WSR, a
contiguous carrier. However, in a third supplement to the notice of
exemption filed June 23, 1995, Frick states that prior to consummating
the transaction in Finance Docket No. 32694, he will sell his majority
interest in WSR to shareholders of Central Properties, Inc. Thus, upon
consummating this transaction, Frick states that he will not control
WSR but will be reduced to a minority shareholder.
Frick states that: (1) the line acquired by A&R does not connect
with the lines operated by JK; (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: Richard H. Streeter, Barnes & Thornburg, 1401
Eye St., N.W., Suite 500, Washington, DC 20005.
Decided: June 27, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-16468 Filed 7-5-95; 8:45 am]
BILLING CODE 7035-01-P
