[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13048]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32501]

 

Gregory B. Cundiff--Continuance in Control Exemption--Lone Star 
Railroad, Inc. and Southern Switching Company

    Gregory B. Cundiff (Cundiff) has filed a notice of exemption to 
continue in control of Lone Star Railroad, Inc. (Lone Star) and 
Southern Switching Company (Southern), upon Lone Star and Southern 
becoming class III rail carriers.
    Lone Star and Southern, both noncarriers, have concurrently filed a 
notice of exemption in Lone Star Railroad, Inc. and Southern Switching 
Company--Acquisition and Operation Exemption--Line of Burlington 
Northern Railroad Company, Finance Docket No. 32500, for Lone Star to 
acquire and Southern to operate 143.3 miles of rail line owned by 
Burlington Northern Railroad Company (BN), between milepost 8.0 near 
Howard, and milepost 151.3 at Abilene, in Archer, Baylor, Knox, 
Haskell, Jones and Taylor Counties, TX. The transaction includes 8 
miles and 331 feet of incidental trackage rights for Southern over BN 
between milepost 8.0 in the vicinity of Howard, and milepost 0.0 at 
Valley Jct., and from Valley Jct. east for 331 feet to point of switch 
in Sunshine Yard in Wichita Falls, Wichita County, TX. The parties 
intend to consummate on or after May 18, 1994.
    Cundiff also controls three class III rail carriers: Railroad 
Switching Service of Missouri, Inc. (operating approximately 4 miles of 
rail line in St. Louis, MO); Texas Railroad Switching, Inc. (operating 
55 miles of rail line between Gardendale and Carrizo Springs, TX); and 
Rio Valley Railroad, Inc. (operating 49.12 miles of rail line between 
Harlingen and Mission, TX and between Mission and Hidalgo, TX).
    Cundiff indicates that: (1) The properties owned and operated by 
Lone Star and Southern and the class III rail carriers listed above do 
not connect with each other; (2) the continuance in control is not part 
of a series of anticipated transactions that would connect the 
railroads with each other or any 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 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., Belnap, Spencer, 
McFarland & Herman, 20 North Wacker Dr., Suite 3118, Chicago, IL 60606-
3101.

    Decided: May 23, 1994.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-13048 Filed 5-26-94; 8:45 am]
BILLING CODE 7035-01-P