[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23452]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32555]
Gregory B. Cundiff--Continuance in Control Exemption--Rio Valley
Switching Company
Gregory B. Cundiff has filed a notice of exemption to continue in
control of Rio Valley Switching Company (RVSC), upon RVSC becoming a
class III rail carrier.
RVSC, a noncarrier, has concurrently filed a notice of exemption in
Finance Docket No. 32554, Rio Valley Switching Company--Operation
Exemption--Rio Valley Railroad, Inc., to operate a total of 49.12 miles
of rail line leased by Rio Valley Railroad, Inc. (RVRI), and owned by
Missouri Pacific Railroad Company, all in the State of Texas. That
exemption was expected to be consummated on or after August 30, 1994.
Mr. Cundiff controls several existing class III rail carriers: (1)
Crystal City Railroad, Inc. (CCRI) and Texas Railroad Switching, Inc.
(TRSI), which operates approximately 55 miles of CCRI's rail line
between Gardendale, TX, and Carrizo Springs, TX; (2) Railroad Switching
Service of Missouri, Inc. (RSSM), which operates approximately 4 miles
of rail line in the St. Louis, MO, switching district; and (3) Lone
Star Railroad, Inc. (LSRI) and Southern Switching Company (SSC), which
operates 143.3 miles of LSRI's rail line between Abilene and Wichita
Falls, TX.\1\
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\1\Mr. Cundiff's control of these carriers was the subject of
notices of exemption: (1) Gregory B. Cundiff--Control Exemption--
Railroad Switching Service of Missouri, Inc., Texas Railroad
Switching, Inc., and Crystal City Railroad, Inc., Finance Docket No.
31817 (ICC served Feb. 6, 1991), for RSSM, TRSI, and CCRI; (2)
Gregory B. Cundiff--Continuance in Control Exemption--Rio Valley
Railroad, Inc., Finance Docket No. 32262 (ICC served Mar. 17, 1993),
for RVRI; and (3) Gregory B. Cundiff--Continuance in Control
Exemption--Lone Star Railroad, Inc. and Southern Switching Company,
Finance Docket No. 32501 (ICC served May 27, 1994), for LSRI and
SSC.
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Mr. Cundiff indicates that: (1) the rail lines operated by RVSC and
the other class III rail carriers do not connect with each other; (2)
the continuance in control is not a part of a series of anticipated
transactions that would connect the railroads with each other or any
other railroad in their corporate family; and (3) the transaction does
not involve a class I carrier. 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 the 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: Thomas F. McFarland, Jr., 20 North Wacker
Drive, Suite 3118, Chicago, IL 60606.
Decided: September 15, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23452 Filed 9-21-94; 8:45 am]
BILLING CODE 7035-01-P
