[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1551]


[[Page Unknown]]

[Federal Register: January 24, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32436]

 

Rail Management and Consulting Corporation, Green Bay Packaging, 
Inc., K. Earl Durden, and Rail Partners, L.P.--Continuance in Control 
Exemption--The Bay Line Railroad, L.L.C.

    Green Bay Packaging, Inc. (GBP), Rail management and Consulting 
Corporation (RMCC), Rail Partners, L.P. (Partners), and K. Earl Durden 
(Durden) (collectively, Owners), all noncarriers, have filed a notice 
of exemption to continue to control The Bay Line Railroad, L.L.C. (Bay 
Line)\1\, a noncarrier, upon Bay Line's becoming a carrier. Bay Line 
has concurrently filed a notice of exemption in Finance Docket No. 
32435, The Bay Line Railroad, L.L.C.--Acquisition and Operation 
Exemption--Rail Lines of Atlanta & St. Andrews Bay Railroad Company, to 
acquire from the Atlanta & St. Andrews Bay Railroad Company (ASAB), 
approximately 88 miles of main line trackage running from Panama City, 
FL, to Dothan, AL, together with substantially all of the other 
railroad operating assets of ASAB.
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    \1\Bay Line is 100% owned and controlled by Rail Partners, L.P. 
(Partners), a Delaware limited partnership, and Panama City Beach 
Office Park, Ltd. (Office Park), a Florida limited partnership. 
Neither Partners nor Office Park is a carrier, and Office Park does 
not currently control a carrier. However, Partners is jointly owned 
and controlled by Durden, GBP, and RMCC, and with them jointly owns 
and controls several class III rail carriers, none of which would 
connect with Bay Line. Office Park is jointly owned and controlled 
by Partners and RMCC.
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    Owners jointly control 10 class III rail carriers. Additionally, 
Durden individually controls another short line, the Lakeside 
Transportation Co. Owners indicate that: (1) Bay Line does not connect 
with any other railroad controlled by Owners; (2) the continuance in 
control is not a part of a series of anticipated transactions that 
would connect Bay Line with any other railroad controlled by 
Owners;2 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).
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    \2\ Also contemporaneous with this filing, the A&G Railroad, 
L.L.C. (A&G), another newly formed Alabama limited liability 
company, also owned by Partners and Office Park, is filing a notice 
of exemption in Finance Docket No. 32437, The A&G Railroad, L.L.C.--
Acquisition and Operation Exemption--Rail Lines of Abbeville & 
Grimes Railway Company, to acquire from Abbeville & Grimes Railway 
Company (Abbeville) and to operate approximately 27 rail miles in 
Alabama, between Abbeville and Grimes, together with incidental 
trackage rights over 7 miles of CSX Transportation, Inc. (CSXT) 
lines between Grimes and Dothan, AL, and substantially all of the 
other railroad operating assets of Abbeville. Bay Line states that 
because, as a carrier, it will connect with A&G by means of 
incidental trackage rights over CSXT, between Grimes and Dothan, the 
ownership of A&G will be placed in an independent voting trust prior 
to closing to prevent Durden, RMCC, GBP, Partners, and Office Park 
from retaining direct control over A&G once A&G becomes a carrier. 
Bay Line indicates that after the closing, a separate petition for 
exemption, or other pleading, will be filed with the Commission, 
seeking appropriate authority or exemption for Owners to dissolve 
the voting trust and acquire direct control over A&G.
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    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: Donald G. Avery, Slover & Loftus, 1224 17th 
Street, NW, Washington, DC 20036.

    Decided: January 18, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland Jr.,
Secretary.
[FR Doc. 94-1551 Filed 1-21-94; 10:00 am]
BILLING CODE 7035-01-P