[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: 94-1555] [[Page Unknown]] [Federal Register: January 24, 1994] ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32437] The A&G Railroad, L.L.C.; Acquisition and Operation Exemption; Rail Lines of Abbeville & Grimes Railway Company The A&G Railroad, L.L.C. (A&G) has filed a notice of exemption 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. The proposed transaction is expected to be consummated promptly upon the effectiveness of the exemption. A&G 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 (collectively, Owners). 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 Mr. K. Earl Durden (Durden), Green Bay Packaging, Inc. (GBP), and Rail Management and Consulting Corporation (RMCC), and with them jointly owns and controls several class III rail carriers. Office Park is jointly owned and controlled by Partners and RMCC, and is thus under common control with those class III carriers. None of the class III carriers currently affiliated with Owners connects with A&G. However, Durden, GBP, Partners, and RMCC are, by a contemporaneously filed notice of exemption in 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., seeking to continue in control of another company they own, the Bay Line Railroad, L.L.C. (Bay Line), upon Bay Line's becoming a carrier by purchase and operation of the lines of the Atlanta & St. Andrews Bay Railroad, Inc. (ASAB), a transaction subject to an exemption notice filed in Finance Docket No. 32435, The Bay Line Railroad, L.L.C.--Acquisition and Operation Exemption--Rail Lines of Atlanta and St. Andrews Bay Railroad Company. Because A&G and Bay Line connect 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 it becomes a carrier. After the closing, a separate petition for exemption, or other pleading, will be filed with the Commission, seeking authority for them to dissolve the voting trust and acquire direct control over A&G. Any comments must be filed with the Commission and served on Donald G. Avery, Slover & Loftus, 1224 17th Street, NW, Washington, DC 20036. This notice is filed under 49 CFR 1150.31. If the notice contains false or misleading information, the exemption is void ab initio. 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. Decided: January 18, 1994. By the Commission, David M. Konschnik, Director, Office of Proceedings. Sidney L. Strickland Jr., Secretary. [FR Doc. 94-1555 Filed 1-21-94; 10:00 am] BILLING CODE 7035-01-P