[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25873]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32585]

 

Donald J. and Carol N. McGrady--Continuance in Control 
Exemption--Caldwell County Railroad Company

    Donald J. and Carol N. McGrady (petitioners) have filed a notice of 
exemption to continue in control of Caldwell County Railroad Company 
(CCR), upon CCR becoming a class III rail carrier.\1\
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    \1\Petitioners will own 100% of the outstanding stock of CCR.
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    CCR, a noncarrier, has concurrently filed a notice of exemption in 
Finance Docket No. 32584, Caldwell County Railroad Company--Lease, 
Operation, and Acquisition Exemption--Norfolk Southern Railway Company, 
to lease, operate, and possibly acquire in the future\2\ approximately 
22.7 miles of rail line currently leased by the Carolina & Northwestern 
Railroad, Inc., and owned by the Norfolk Southern Railway Company.
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    \2\CCR's possible future acquisition of the line will require 
further Commission authority or exemption.
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    Petitioners also control a nonconnecting class III rail carrier, 
Southeast Shortlines, Inc., d/b/a Thermal Belt Railway (SES), that 
operates approximately 16.4 miles of railroad in southwestern North 
Carolina.
    Petitioners state that: (1) The properties operated by SES and CCR 
do not connect with each other; (2) the continuance in control is not a 
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. Therefore, 
the transaction 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: Robert A. Wimbish, Rea, Cross & Auchincloss, 
Suite 420, 1920 N Street, N.W., Washington, DC 20036.

Decided: October 13, 1994.

By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams.
Acting Secretary.
[FR Doc. 94-25873 Filed 10-18-94; 8:45 am]
BILLING CODE 7035-01-P