[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Page 37671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17993]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32734]


Phillip C. Larson, Russell A. Peterson and Dennis E. Larson--
Continuance in Control Exemption--Southwest Pennsylvania Railroad 
Company

    Phillip C. Larson, Russell A. Peterson and Dennis E. Larson, 
noncarrier individuals, have filed a notice of exemption to continue in 
control of Southwest Pennsylvania Railroad Company (SWP), upon SWP 
becoming a class III rail carrier. SWP, a noncarrier, has concurrently 
filed notices of exemption in Finance Docket No. 32692, Southwest 
Pennsylvania Railroad Company--Acquisition and Operation Exemption--
Lines of Consolidated Rail Corporation (in which SWP seeks to acquire 
and operate approximately 28.35 miles of rail line owned by 
Consolidated Rail Corporation in Westmoreland and Fayette Counties, 
PA), and in Finance Docket No. 32737, Southwest Pennsylvania Railroad 
Company--Lease and Operation Exemption--Lines of Westmoreland County 
Industrial Development Corporation and Fay-Penn Land Trust (in which 
SWP seeks to lease and operate approximately 9.56 miles of rail line 
owned by two non-profit corporations in those same two counties). The 
parties intended to consummate this transaction on or after June 28, 
1995.
    The above individuals control another nonconnecting class III rail 
carrier: Camp Chase Industrial Railroad Corporation (CCIR), operating 
in Ohio.\1\ The shareholders' ownership interest in CCIR is 14 percent 
each for Phillip and Dennis Larson, and 72 percent for Russell 
Peterson. Each of the individuals also owns 33\1/3\ percent of the 
stock of SWP.

    \1\ Notice of an acquisition and operation exemption was given 
by the Commission in Camp Chase Industrial Railroad Corporation--
Acquisition and Operation Exemption--Line of Consolidated Rail 
Corporation, Finance Docket No. 32581 (ICC served Oct. 21, 1994).
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    The parties state that: (1) The railroads will not connect with 
each other or with any railroads in their corporate family; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroad in their corporate family; and (3) the transaction does not 
involve a class I carrier. The transaction is therefore exempt from the 
prior approval requirements of 49 U.S.C. 11343. See 49 CFR 
1180.2(d)(2).
    As a condition to use of this exemption, any employees affected by 
the transaction will be protected by the conditions set forth in New 
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
    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. Pleadings must be filed with the 
Commission and served on: Keith G. O'Brien, 1920 N St., NW, Suite 420, 
Washington, DC 20036.

    Decided: July 13, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-17993 Filed 7-20-95; 8:45 am]
BILLING CODE 7035-01-P