[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: 94-31573]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32620]

 

SWKR Operating Co., Inc.--Acquisition and Operation Exemption--
Southern Pacific Transportation Co.

    SWKR Operating Co., Inc. (SWKR), a noncarrier, has filed a notice 
of exemption to acquire and operate 84.9 miles of rail line owned by 
Southern Pacific Transportation Co. (SPT), extending from milepost NA 
1032.84 at Benson to the end of the line at milepost N 1107.96 at 
Douglas1 (Douglas Branch) and extending from milepost 1085.0 at 
Bisbee Jct. to the end of the line at milepost 1090.6 at Bisbee (Bisbee 
Branch), in Cochise County, AZ.2 The transaction was expected to 
be consummated on or after December 1, 1994.
---------------------------------------------------------------------------

    \1\The milepost designation changes at Fairbank from milepost NA 
1050.57 to milepost N 1046.39.
    \2\The rail lines to be acquired by SWKR from SPT have been 
leased by SPT to San Pedro & Southwestern Railway Co. (San Pedro), 
pursuant to the notice of exemption in San Pedro & Southwestern 
Railway Co.--Acquisition and Operation Exemption--Southern Pacific 
Transportation Co., Finance Docket No. 32084 (ICC served June 30, 
1992). It was San Pedro's intent to acquire the lines and was 
leasing them in the interim. Because San Pedro has been unable to 
acquire the lines, it has granted SPT a power of attorney to make 
all necessary filings with the Commission to terminate the existing 
lease. Pursuant to the power of attorney from San Pedro, SPT and 
SWKR will enter into an agreement under which the lease to San Pedro 
to operate the SPT lines will be assigned to SWKR. Under the 
circumstances, San Pedro will not be required to seek Commission 
approval to terminate operations over the line. See, Caldwell County 
Railroad Company--Lease, Operation, and Acquisition Exemption--
Norfolk Southern Railway Company, Finance Docket No. 32584 (ICC 
served Oct. 19, 1994).
---------------------------------------------------------------------------

    This proceeding is related to Kyle Railways, Inc.--Continuance in 
Control Exemption--SWKR, Finance Docket No. 32621, wherein Kyle 
Railways, Inc. has concurrently filed a notice of exemption to continue 
in control of SWKR when it becomes a rail carrier upon consummation of 
the transaction described in this notice.
    Any comments must be filed with the Commission and served on: Fritz 
R. Kahn, Suite 750 West, 1100 New York Ave., N.W., Washington, DC 
20005.
    This notice is filed under 49 CFR 1150.31. 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 automatically 
stay the transaction.

    Decided: December 15, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-31573 Filed 12-22-94; 8:45 am]
BILLING CODE 7035-01-P