[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Page 50216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24101]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32778]
Marietta Industrial Enterprises, Inc.--Merger Exemption-- Little
Kanawha River Rail, Inc.
Marietta Industrial Enterprises, Inc. (MIE), filed a notice of
exemption to merge Little Kanawha River Rail, Inc. (LKRR), into the
operations of MIE, the parent company of LKRR. Under the plan of
merger, MIE will assume LKRR's 3.1-mile right-of-way and associated
property between Ohio River Junction, WV (Valuation Station 2+90,
Valuation Section 61.1, Map 65a) to South Parkersburg, WV (end of tract
44+65, Valuation Section 58.1, Map 51). The transaction was consummated
on July 31, 1995.1
\1\ Under the Commission's rules governing rail class
exemptions, the exemption becomes effective 7 days after the
verified notice is filed. 49 CFR 1150.32(b). The parties may
consummate the underlying transaction on or after the exemption's
effective date. 49 CFR 1180.4(g)(1). This notice was filed on May
18, 1995, but publication was delayed due to an administrative
error.
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Because the parties are members of the same corporate family, and
the merger will not result in adverse changes in service levels,
significant operational changes, or a change in the competitive balance
with carriers operating outside the corporate family, the transaction
qualifies for the class exemption at 49 CFR 1180.2(d)(3). The purpose
of the transaction is to allow for better operating economies and
improved financial viability for MIE.
As a condition to the use of this exemption, any employees
adversely 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 stay the
transaction. Pleadings must be filed with the Commission and served on:
John L. Alden, One East Livingston Avenue, Columbus, OH 43215-5700.
Decided: September 22, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24101 Filed 9-27-95; 8:45 am]
BILLING CODE 7035-01-P
