[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Page 1794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-227]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32650]


Eastern Maine Railway Company; Acquisition Exemption; Rail Line 
of Canadian Pacific Limited Between Brownville Junction and Vanceboro, 
ME

    Eastern Maine Railway Company (Eastern Maine), a noncarrier,1 
has filed a notice of exemption to acquire the eastern portion of 
Canadian Pacific Limited's (CP) rail line between Skinner and 
Vanceboro, ME.2 The portion of the line involved in the 
transaction is 99.5 miles and extends from milepost 105.1 at Brownville 
Junction, ME, to milepost 5.6 at the Maine-New Brunswick border near 
Vanceboro, ME.3

    \1\Eastern Maine, is a wholly owned subsidiary of New Brunswick 
Railway Company (NBR). Both Eastern Maine and NBR are represented to 
be noncarriers. NBR is controlled by J.D. Irving Limited (Irving).
    \2\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).
    \3\Acquisition of the western portion of CP's line between 
Brownville Junction and the Maine-Quebec border near Skinner and 
operation of the entire CP line between Skinner and Vanceboro is the 
subject of a notice of exemption filed concurrently by Canadian 
American Railroad Company (CDAC) in Canadian American Railroad 
Company--Acquisition and Operation Exemption--Certain Lines of 
Canadian Pacific Limited in Maine, Finance Docket No. 32646. Related 
to that notice is 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.
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    Eastern Maine, Irving, and NBR, have concurrently 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. In that proceeding, Eastern Maine, NBR, and Irving 
seek to enable Irving to continue in control of Eastern Maine should 
Eastern Maine become a class III rail carrier upon consummation of the 
acquisition. Consummation of the acquisition by Eastern Maine in the 
instant proceeding is contingent upon the Commission granting the 
petition in the related Finance Docket No. 32651.
    Any comments must be filed with the Commission and served on: 
William C. Evans, 901 15th Street, N.W., Suite 700, Washington, DC 
20005-2301; and W. David Jamieson, P.O. Box 5777--300 Union Street, 
12th Floor, Saint John, New Brunswick, Canada E2L 4M3.
    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.2 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. 95-227 Filed 1-4-95; 8:45 am]
BILLING CODE 7035-01-P