[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25146]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32586]

 

Eccles & Eastern Railroad Company, Inc.--Lease and Operation 
Exemption--Santa Cruz, Big Trees & Pacific Railway

    Eccles & Eastern Railroad Company, Inc. (EERX), a noncarrier, has 
filed a verified notice under 49 CFR Part 1150, Subpart D--Exempt 
Transactions to (1) acquire incidental trackage rights over 6.7 miles 
of line owned by Santa Cruz, Big Trees & Pacific Railway (SCBG) between 
milepost 121.0, at or near Santa Cruz, CA, and milepost 127.7, at or 
near Felton, CA, and (2) lease from SCBG and operate a 2.1-mile 
connecting line segment between Felton and milepost 129.8, at or near 
Eccles, CA. The transaction would enable EERX to interchange traffic 
with Southern Pacific Transportation Co. at or near Santa Cruz and was 
expected to be consummated on September 15, 1994.1
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    \1\ Under 49 CFR 1150.32(b), the exemption becomes effective 7 
days after a complete verified notice is filed. Here, the verified 
notice was tendered for filing without the appropriate filing fee. 
Because the verified notice was not complete, and accepted for 
filing, until September 16, 1994, the exemption did not become 
effective, and the transaction could not have been consummated, 
until September 23, 1994. 49 CFR 1104.7(a).
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 
under 49 U.S.C. 10505(d) may be filed at any time. The filing of a 
petition to reopen will not stay the exemption's effectiveness. 
Pleadings must be filed with the Commission and served on Rick Hamman, 
Eccles & Eastern Railroad Company, Inc., P.O. Box 4030, Felton, CA 
95018-1079.

    Decided: October 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-25146 Filed 10-11-94; 8:45 am]
BILLING CODE 7035-01-P