[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1013]


[[Page Unknown]]

[Federal Register: January 14, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32431]

 

Patrick D. Broe--Continuance in Control Exemption--Central Kansas 
Railway, Limited Liability Co.

    Patrick D. Broe (Mr. Broe), a noncarrier, has filed a notice of 
exemption to continue in control of Central Kansas Railway, Limited 
Liability Company (CKRLLC), upon CKRLLC's becoming a rail carrier.
    CKRLLC, a noncarrier, has concurrently filed a notice of exemption 
in Finance Docket No. 32430, Central Kansas Railway, Limited Liability 
Company--Acquisition and Operation Exemption--Central Kansas Railway, 
Inc., and Certain Incidental Line Segments of The Atchison, Topeka and 
Santa Fe Railway Company and Burlington Northern Railroad Company, to 
acquire and operate: (1) All of the rail lines of Central Kansas 
Railway, Inc. (CKR), located in Kansas and Oklahoma; (2) two rail lines 
in Kansas from The Atchison, Topeka and Santa Fe Railway Company (Santa 
Fe); (3) one rail line in Kansas from the Burlington Northern Railroad 
Company; and (4) incidental trackage rights over six segments of track 
owned by Santa Fe, one segment of track owned by Union Pacific Railroad 
Company, one segment of track owned by Missouri Pacific Railroad 
Company, and one segment of track owned by St. Louis Southwestern 
Railway Company. The parties intended to consummate that transaction on 
December 28, 1993, or later.
    Mr. Broe is a noncarrier individual who will directly control 
CKRLLC upon its becoming a carrier. Mr. Broe also directly controls 
Panhandle Northern Railroad Company (exempted in Finance Docket No. 
32377), The Broe Companies, Inc., a holding company that directly 
controls CKR, and noncarriers Great Western Railway Company (Great 
Western) and Railco, Inc. (Railco). Great Western directly controls 
rail carriers, Great Western Railway of Colorado, Inc., Great Western 
Railway Company of Iowa, Inc., and Great Western Railway of Oregon, 
Inc. Railco controls noncarrier Chicago West Pullman Transportation 
Company, which in turn, controls six class III railroads: Chicago West 
Pullman & Southern Railroad Company, Georgia Woodlands Railroad 
Company, Newburgh & South Shore Railroad Company, Chicago Rail Link, 
Manufacturers' Junction Railway Company, and Kansas Southwestern 
Railway Company. The existing common control relationship among these 
carriers is discussed in Finance Docket No. 32362.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). It will not result in adverse changes in service levels, 
significant operational changes, or a change in the competitive balance 
with carriers outside the corporate family. The purpose of this 
transaction is to have the assets of CKR transferred to CKRLLC, a 
limited liability corporation, for estate planning purposes.
    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: Karl Morell, Taylor, Morell & Gitomer, suite 
210, 919 18th St., NW., Washington, DC 20006.


    Decided: January 6, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-1013 Filed 1-13-94; 8:45 am]
BILLING CODE 7035-01-P