[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1552]
[[Page Unknown]]
[Federal Register: January 24, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32435]
The Bay Line Railroad, L.L.C.--Acquisition and Operation
Exemption--Rail Lines of Atlanta & St. Andrews Bay Railroad Company
The Bay Line Railroad, L.L.C. (Bay Line),1 a noncarrier, has
filed a notice of exemption to acquire from the Atlanta & St. Andrews
Bay Railroad Company (ASAB), approximately 88 miles of main line
trackage running from Panama City, FL, to Dothan, AL, together with
substantially all of the other railroad operating assets of ASAB.2
The proposed transaction is expected to be consummated promptly upon
the effectiveness of this exemption which will result in Bay Line's
becoming a carrier.
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\1\Bay Line is 100% owned and controlled by Rail Partners, L.P.
(Partners), a Delaware limited partnership, and Panama City Beach
Office Park, Ltd. (Office Park), a Florida limited partnership.
Neither Partners nor Office Park is a carrier, and Office Park does
not currently control a carrier. However, Partners is jointly owned
and controlled by Green Bay Packaging, Inc. (GBP), Rail Management
and Consulting Corporation (RMCC), and K. Earl Durden (Durden)
(collectively, Owners), and with them jointly owns and controls
several class III rail carriers, none of which would connect with
Bay Line. Office Park is jointly owned and controlled by Partners
and RMCC.
\2\Bay Line indicates that the acquisition also includes the
Graceville Branch, a light-density branch line of ASAB running from
a junction with the main line at Campbellton, FL, to Graceville, FL.
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This transaction is related to a notice of exemption filed
concurrently in Finance Docket No. 32436, Rail Management and
Consulting Corporation, Green Bay Packaging, Inc., K. Earl Durden, and
Rail Partners, L.P.--Continuance in Control Exemption--the Bay Line
Railroad, L.L.C., in which Owners, all noncarriers, seek to continue in
control of Bay Line, upon Bay Line's becoming a carrier.3
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\3\Also contemporaneous with this filing, the A&G Railroad,
L.L.C. (A&G), another newly formed Alabama limited liability
company, also owned by Partners and Office Park, is filing a notice
of exemption in Finance Docket No. 32437, The A&G Railroad, L.L.C.--
Acquisition and Operation Exemption--Rail Lines of Abbeville &
Grimes Railway Company, to acquire from Abbeville & Grimes Railway
Company (Abbeville) and to operate approximately 27 rail miles in
Alabama, between Abbeville and Grimes, together with incidental
trackage rights over 7 miles of CSX Transportation, Inc. (CSXT)
lines between Grimes and Dothan, AL, and substantially all of the
other railroad operating assets of Abbeville. Bay Line states that
because, as a carrier, it will connect with A&G by means of
incidental trackage rights over CSXT, between Grimes and Dothan, the
ownership of A&G will be placed in an independent voting trust prior
to closing to prevent Durden, RMCC, GBP, Partners, and Office Park
from retaining direct control over A&G once A&G becomes a carrier.
Bay Line indicates that after the closing, a separate petition for
exemption, or other pleading, will be filed with the Commission,
seeking appropriate authority or exemption for Owners to dissolve
the voting trust and acquire direct control over A&G.
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Any comments must be filed with the Commission and served on Donald
G. Avery, Slover & Loftus, 1224 17th Street NW., Washington, DC
20036.4
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\4\By identical letters filed January 6 through January 12,
1994, various individuals and the Dixie Federation (Brotherhood of
Maintenance of Way Employees), concerned with labor protection for
ASAB employees, expressed opposition to the acquisition. None of the
letter-protests includes a certificate showing simultaneous service
upon all parties to the proceeding (see 49 CFR 1104.12). Any
interested person will have the opportunity to file a petition to
revoke under 49 U.S.C. 10505(d) requesting either complete
revocation of the exemption of the transaction or partial revocation
to impose conditions (such as those to protect labor). Revocation
petitions must comply with the rules with respect to revocation of
exemptions at 49 CFR 1121.4(i).
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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 18, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-1552 Filed 1-21-94; 10:00 am]
BILLING CODE 7035-01-P