[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Page 18423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8867]



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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32632]


Everett Railroad Company--Trackage Rights Exemption--
Hollidaysburg and Roaring Spring Railroad Company

    Hollidaysburg and Roaring Spring Railroad Company (HRS) has agreed 
to grant overhead trackage rights to Everett Railroad Company (Everett) 
over approximately 10.2 miles of rail line from milepost 8.0 at 
Hollidaysburg, PA, to milepost 18.2 at Roaring Spring, PA.1 The 
trackage rights were to become effective on March 31, 1995.2

    \1\ HRS has simultaneously filed a notice of exemption under 49 
CFR 1150.31 to purchase and operate the line in question from 
Consolidated Rail Corporation (Conrail). See Hollidaysburg and 
Roaring Spring Railroad Company--Acquisition and Operation 
Exemption--Consolidated Rail Corporation, Finance Docket No. 32633. 
Alan W. Maples, the controlling stockholder of both HRS and Everett, 
has filed a related petition for exemption for the continuance in 
control of HRS upon its beginning operations as a carrier and has 
established a voting trust pending approval of the petition by the 
Commission. See Alan W. Maples--Continuance in Control Exemption--
Hollidaysburg and Roaring Spring Railroad Company, Finance Docket 
No. 32631.
    \2\ The proposed consummation date is contingent on HRS 
acquiring the line from Conrail in Finance Docket No. 32633, which 
Everett states is ``on or before March 31, 1995'' (emphasis added). 
Under 49 CFR 1180.4(g)(1), consummation should not have occurred 
before March 28, 1995.
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    This notice is filed under 49 CFR 1180.2(d)(7). 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 stay 
the transaction. Pleadings must be filed with the Commission and served 
on Robert A. Wimbish, Rea, Cross & Auchincloss, 1920 N Street, N.W., 
Suite 420, Washington, D.C. 20036.
    As a condition to the use of this exemption, any employees affected 
by the trackage rights will be protected under Norfolk and Western Ry. 
Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980).

    Decided: April 4, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-8867 Filed 4-10-95; 8:45 am]
BILLING CODE 7035-01-P