[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19545]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32537]

 

Akron Barberton Cluster Railway Company--Acquisition and 
Operation Exemption--Certain Lines of Consolidated Rail Corporation

    Akron Barberton Cluster Railway Company (ABCR), a wholly-owned, 
noncarrier subsidiary of Wheeling Corporation (Wheeling), has filed a 
notice of exemption to purchase and operate certain rail lines and 
incidental trackage rights of Consolidated Rail Corporation (Conrail) 
and its affiliate, the Akron and Barberton Belt Railroad Company 
(A&BB).1 The Conrail properties consist of approximately 14 miles 
of rail line and 19 miles of trackage rights located in the vicinity of 
Akron, OH. The A&BB property consists of approximately 19.4 miles of 
rail lines in Summit County, OH.

    \1\Conrail owns 50% of the outstanding stock of A&BB. The 
remaining shares are held by CSX Transportation, Inc. (25%) and The 
Wheeling & Lake Erie Railway Company (W&LE) (25%).
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    Specifically, the properties involved in the transaction include 
Conrail's ownership interest, reserved easement, operating and trackage 
rights in the Akron Secondary, from milepost 8.0 at Cuyahoga Falls, OH 
to milepost 27.0 at Warwick, OH (as well as sidetracks connecting with 
Conrail's reserved rights in the Akron Secondary); Conrail's Freedom 
Secondary, from milepost 190.05 to milepost 192.51 at Kent, OH; and 
Conrail's Rittman Secondary, from milepost 205.5 at Kenmore to milepost 
216.8 at Wadsworth, OH (and connecting sidetracks). In addition, ABCR 
will acquire A&BB's Barberton Belt Line, Akron Extension, Barberton and 
Southern Branch, and Fairlawn Extension. Upon consummation of the 
transaction, ABCR will become a class III rail carrier.2 The 
proposed transaction was expected to be consummated on or after July 
19, 1994.3

    \2\ This proceeding is related to Finance Docket No. 32538, 
Wheeling Corporation--Continuance in Control Exemption--Akron 
Barberton Cluster Railway Company, wherein Wheeling Corporation has 
concurrently filed a petition for exemption to continue in control 
of ABCR when ABCR becomes a rail carrier upon consummation of the 
transaction described in this notice.
    \3\ By letter dated July 25, 1994, Counsel for Wheeling and ABCR 
advised the Commission that the acquisition had been consummated on 
July 20, 1994.
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    Any comments must be filed with the Commission and served on: 
Terence M. Hynes, Sidley & Austin, 1722 Eye Street, N.W., Washington, 
D.C. 20006.
    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: August 1, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-19545 Filed 8-9-94; 8:45 am]
BILLING CODE 7035-01-P