[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23215]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32572]

 

Great Western Railway Company of Iowa--Trackage Rights 
Exemption--CBEC Railway, Inc.

    CBEC Railway, Inc. (CBEC), has agreed to grant local trackage 
rights to Great Western Railway Company of Iowa, L.L.C. (GWRI), 
extending from the eastern terminus of the line and yards of the Union 
Pacific Railroad Company, Inc., in Council Bluffs, IA, from a point at 
or near milepost 485.5 to a point at or near milepost 407.7, a distance 
of approximately 5 miles in Pottawattamie County, IA. The parties 
expected to consummate the transaction on or after September 6, 
1994.\1\
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    \1\CBEC had filed a notice of exemption under 49 CFR 1150.31 for 
the acquisition of this segment of rail line. See CBEC Railway, 
Inc.--Acquisition and Operation Exemption--Great Western Railway 
Company of Iowa, Inc., Finance Docket No. 32453 (ICC served Mar. 18, 
1994). GWRI states that the Trackage Rights Agreement was entered 
into on April 29, 1994, but it was only recently that CBEC acquired 
the involved line from GWRI. It states that as a condition of the 
Purchase Agreement, CBEC agreed to grant GWRI trackage rights over 
the line once the sale was consummated.
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    This notice is filed under 49 CFR 1180.2(d)(7). 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 stay 
the transaction. Pleadings must be filed with the Commission and served 
on: Karl Morell, 1101 Pennsylvania Ave., NW., suite 1035, Washington, 
DC 20004.
    As a condition to the use of this exemption, any employees affected 
by the trackage rights will be protected under Norfolk and Western Ry. 
Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980).


    Decided: September 9, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23215 Filed 9-16-94; 8:45 am]
BILLING CODE 7035-01-P