[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Page 50216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24101]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32778]


Marietta Industrial Enterprises, Inc.--Merger Exemption-- Little 
Kanawha River Rail, Inc.

    Marietta Industrial Enterprises, Inc. (MIE), filed a notice of 
exemption to merge Little Kanawha River Rail, Inc. (LKRR), into the 
operations of MIE, the parent company of LKRR. Under the plan of 
merger, MIE will assume LKRR's 3.1-mile right-of-way and associated 
property between Ohio River Junction, WV (Valuation Station 2+90, 
Valuation Section 61.1, Map 65a) to South Parkersburg, WV (end of tract 
44+65, Valuation Section 58.1, Map 51). The transaction was consummated 
on July 31, 1995.1

    \1\ Under the Commission's rules governing rail class 
exemptions, the exemption becomes effective 7 days after the 
verified notice is filed. 49 CFR 1150.32(b). The parties may 
consummate the underlying transaction on or after the exemption's 
effective date. 49 CFR 1180.4(g)(1). This notice was filed on May 
18, 1995, but publication was delayed due to an administrative 
error.
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    Because the parties are members of the same corporate family, and 
the merger will not result in adverse changes in service levels, 
significant operational changes, or a change in the competitive balance 
with carriers operating outside the corporate family, the transaction 
qualifies for the class exemption at 49 CFR 1180.2(d)(3). The purpose 
of the transaction is to allow for better operating economies and 
improved financial viability for MIE.
    As a condition to the use of this exemption, any employees 
adversely 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 stay the 
transaction. Pleadings must be filed with the Commission and served on: 
John L. Alden, One East Livingston Avenue, Columbus, OH 43215-5700.

    Decided: September 22, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24101 Filed 9-27-95; 8:45 am]
BILLING CODE 7035-01-P