[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31571]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32621]

 

Kyle Railways, Inc.--Continuance in Control Exemption--SWKR 
Operating Co., Inc.

    Kyle Railways, Inc. (Kyle), has filed a notice of exemption to 
continue in control of SWKR Operating Co., Inc. (SWKR), upon SWKR 
becoming a common carrier railroad.
    SWKR, a noncarrier, has concurrently filed a notice of exemption in 
SWKR Operating Co., Inc.--Acquisition and Operation Exemption--Southern 
Pacific Transportation Co., Finance Docket No. 32620, to acquire and 
operate 84.9 miles of rail line in Cochise County, AZ, owned by 
Southern Pacific Transportation Co. (SPT).
    Kyle controls eight other rail carriers: Yreka Western Railroad 
Co.; California Western Railroad Company; Idaho Western Railway 
Company; Kyle Railroad Company; Eastern Alabama Railway; Arizona 
Eastern Railway Company; San Joaquin Valley Railroad Co.; and Port 
Railroads, Inc.
    Kyle indicates that: (1) the SWKR does not connect with any other 
rail carrier it controls; (2) the continuance in control is not 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. The transaction 
therefore 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: Fritz R. Kahn, Suite 750 West, 1100 New York 
Ave., N.W., Washington, D.C. 20005.

    Decided: December 16, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-31571 Filed 12-22-94; 8:45 am]
BILLING CODE 7035-01-P