[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Pages 4193-4194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1632]



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

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32641]


Western Kentucky Railway, L.L.C.--Acquisition and Operation 
Exemption--Rail Lines of Costain Coal, Inc. and Tradewater Railway 
Company

    Western Kentucky Railway, L.L.C. (WKR),\1\ a noncarrier, has filed 
a notice of exemption to acquire and operate approximately 93 miles of 
rail line owned by Costain Coal, Inc. (Costain) and operated under a 
lease agreement by Tradewater Railway Company (Tradewater) between 
milepost 28.0, at Princeton, KY, and milepost 97.25, at Waverly, KY; 
between milepost 0.0, at Blackford, KY, and milepost 3.8, at Pyro Wye, 
KY; between milepost 0.0, at the Costain Prep Plant and milepost 13.5, 
at Providence, KY; between milepost 0.0, at the Costain Prep Plant and 
milepost 5.5, at Caney Creek, KY; and the 1-mile looptrack at 
Wheatcroft, KY, together with substantially all of the other railroad 
operating assets and certain contract rights of Costain and Tradewater. 
WKR will interchange traffic with Paducah & Louisville Railway, Inc., 
at Princeton, KY, and with CSX Transportation, Inc., at Providence, KY. 
The proposed transaction is expected to be consummated shortly after 
the effective date of this exemption which will result in WKR's 
becoming a carrier.

    \1\WKR is 97% owned and controlled by Rail Partners, L.P. 
(Partners), a Delaware limited partnership. The remaining ownership 
rights are as follows: 1% by Panama City Beach Office Park, Ltd. 
(Office Park), a Florida limited partnership, 1% by Mr. K. Earl 
Durden (Durden), a citizen of the state of Florida, and 1% by Green 
Bay Packaging, Inc. (GBP), a Wisconsin corporation.
    Partners, Office Park, Durden and GBP are noncarriers. Partners 
is jointly owned and controlled by Durden, GBP, and Rail Management 
and Consulting Corporation (RMCC), and with them jointly owns and 
controls twelve class III railroads, and awaits Commission exemption 
of its acquisition of direct control of a thirteenth carrier upon 
the dissolution of an independent voting trust agreement. See Rail 
Partners, L.P., Panama City Beach Office Park, Ltd., K. Earl Durden, 
Green Bay Packaging, Inc. and Rail Management and Consulting 
Corporation--Control Exemption--A&G Railroad, L.L.C., Finance Docket 
No. 32437 (Sub-No. 1).
---------------------------------------------------------------------------

    This proceeding is related to Rail Partners, L.P., Panama City 
Beach Office Park, Ltd., K. Earl Durden, Green Bay Packaging, Inc. and 
Rail Management and Consulting Corporation--Continuance in Control 
Exemption--Western Kentucky Railway, L.L.C., Finance Docket No. 32642, 
wherein the owners of WKR have concurrently filed a notice of exemption 
to continue in control of WKR, upon WKR's becoming a carrier.
    Any comments must be filed with the Commission and served on: 
Patricia E. [[Page 4194]] Dietrich, Slover & Loftus, 1224 Seventeenth 
Street, NW, Washington, DC 20036.
    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: January 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-1632 Filed 1-19-95; 8:45 am]
BILLING CODE 7035-01-P