[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Pages 1794-1795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-226]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32646]


Canadian American Railroad Company; Acquisition and Operation 
Exemption; Certain Lines of Canadian Pacific Limited in Maine

    Canadian American Railroad Company (CDAC), a noncarrier, has filed 
a notice of exemption to acquire and/or operate Canadian Pacific 
Limited's (CP) line between Skinner and Vanceboro, ME.1 CDAC will 
acquire and operate 101.7 miles of the western portion of CP's line of 
railroad between milepost 0.0 at Brownville Junction, ME, and milepost 
101.7 at the Maine-Quebec border near Skinner, ME, and 
[[Page 1795]] will operate 99.5 miles of the eastern portion of CP's 
line of railroad between milepost 105.1 at Brownville Junction and 
milepost 5.6 at the Maine-New Brunswick border, near Vanceboro, 
ME.2

    \1\This CP line is the subject of a pending abandonment 
application in Canadian Pacific Limited--Abandonment--Line Between 
Skinner and Vanceboro, ME, Docket No. AB-213 (Sub-No. 4).
    \2\Acquisition of the eastern portion of CP's line is the 
subject of another notice of exemption simultaneously filed by 
Eastern Maine Railway Company (Eastern Maine) in Eastern Maine 
Railway Company--Acquisition Exemption--Rail Line of Canadian 
Pacific Limited Between Brownville Junction, ME, and Vanceboro, ME, 
Finance Docket No. 32650. Eastern Maine is represented to be a 
noncarrier and is a wholly owned subsidiary of New Brunswick Railway 
Company (NBR), also represented to be a noncarrier controlled by 
J.D. Irving Limited (Irving). Eastern Maine, NBR and Irving have 
filed a related petition in Eastern Maine Railway Company, J.D. 
Irving, Limited and New Brunswick Railway Company--Petition for 
Disclaimer of Jurisdiction or, Alternatively, for an Exemption From 
49 U.S.C. 11343(a)(5), Finance Docket No. 32651.
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    This proceeding is related to a petition for exemption filed 
concurrently in Fieldcrest Cannon, Inc. and Downeast Securities 
Corporation--Continuance in Control--Canadian American Railroad 
Company, Finance Docket No. 32647. In that proceeding, Fieldcrest 
Cannon, Inc. (Fieldcrest), and Downeast Securities Corporation 
(Downeast) (collectively, petitioners), noncarriers, seek an exemption 
under 49 U.S.C. 10505 from the prior approval requirements of 49 U.S.C. 
11343-11344 for the acquisition of control by petitioners of CDAC, upon 
CDAC becoming a class III rail carrier.3 Consummation of the 
acquisition and/or operation by CDAC in the instant proceeding is 
contingent upon an exemption being granted by the Commission in the 
related Finance Docket No. 32647.

    \3\Fieldcrest owns all of the outstanding stock of Downeast. 
Downeast owns all of the outstanding stock of Bangor and Aroostook 
Railroad Company (BAR), a class II carrier, which owns and operates 
approximately 400 miles of rail line in Maine. Downeast also owns 
all of the outstanding stock of CDAC. Upon CDAC becoming a class III 
rail carrier, Fieldcrest and Downeast will control two carriers.
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    Any comments4 must be filed with the Commission and served on: 
James E. Howard, One International Place, Boston, MA 02110.

    \4\ A comment was filed on December 28, 1994, by Springfield 
Terminal Railway Company (ST) requesting issuance of certain orders 
by the Commission. ST's requests will be dealt with by the 
Commission in the related Finance Docket No. 32647.
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    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.
    Because this line is the subject of a pending abandonment 
application (see n.1 supra), and labor protective conditions would have 
been imposed if abandonment had been authorized in that proceeding, the 
Commission will seriously consider in this case the imposition of the 
conditions imposed in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979). Petitions to revoke for purposes of imposing 
labor protective conditions should address the exceptional 
circumstances which would permit the Commission to impose such 
conditions on this 49 U.S.C. 10901 transaction.

    Decided: December 29, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-226 Filed 1-4-95; 8:45 am]
BILLING CODE 7035-01-P