[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27294]


[[Page Unknown]]

[Federal Register: November 3, 1994]


-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32578]

 

RailTex, Inc.; Continuance in Control Exemption; New England 
Central Railroad, Inc.

    RailTex, Inc. (RailTex), a noncarrier, has filed a verified notice 
under 49 CFR 1180.2(d)(2) to continue to control New England Central 
Railroad, Inc. (NECR), upon the latter's becoming a class II carrier.
    NECR has concurrently filed a verified notice of exemption in New 
England Central Railroad, Inc.--Acquisition Exemption--Lines between 
East Alburgh, VT and New London, CT, Finance Docket No. 32432, for 
NECR's acquisition and operation of 325 miles of rail line owned by 
Central Vermont Railway, Inc., a wholly-owned subsidiary of Grand Trunk 
Corporation, between milepost 15.6 in East Alburgh, VT, and milepost 
0.24 in New London, CT. Consummation of the continuance in control 
transaction is intended to occur upon commencement of operations by 
NECR, on or after the effective date of the exemption, in Finance 
Docket No. 32432.1
---------------------------------------------------------------------------

    \1\The exemption in Finance Docket No. 32432 was scheduled to 
take effect on October 28, 1994, but was stayed by decision of the 
Commission served on October 27, 1994.
---------------------------------------------------------------------------

    RailTex currently controls 13 class III railroads: Chesapeake & 
Albemarle Railroad Company, Inc.; Indiana Southern Railroad, Inc.; 
North Carolina & Virginia Railroad Company, Inc.; Mid-Michigan 
Railroad, Inc.; Missouri & Northern Arkansas Railroad Company, Inc.; 
Austin & Northwestern Railroad Company, Inc.; South Carolina Central 
Railroad Company, Inc.; Dallas, Garland & Northeastern Railroad, Inc.; 
San Diego & Imperial Valley Railroad Company, Inc.; New Orleans Lower 
Coast Railroad Company, Inc.; Michigan Shore Railroad Company, Inc.; 
Salt Lake City Southern Railroad Company, Inc.; and Grand Rapids 
Eastern Railroad, Inc. RailTex also controls two Canadian rail 
carriers.
    The continuance in control transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11343 under 49 CFR 1180.2(d)(2) 
because: (1) NECR does not connect with any other railroads in the 
corporate family; (2) the continuance in control is not a part of a 
series of anticipated transactions that would connect NECR with any 
other railroad in its corporate family; and (3) the transaction does 
not involve a class I carrier.
    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).
    If the verified 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 exemption's 
effectiveness. Pleadings must be filed with the Commission and served 
on: Kelvin J. Dowd, Slover & Loftus, 1224 Seventeenth Street, NW., 
Washington, DC 20036.

    Decided: October 27, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-27294; Filed 11-2-94; 8:45 am]
BILLING CODE 7035-01-P