Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Notices 66987

1By notice of an acquisition, lease, and operation

exemption given by the Commission in Georgia &

Florida Railroad Co., Inc.—Acquisition, Lease, and

Operation Exemption—Norfolk Southern Railway

Company, Finance Docket No. 32680 (ICC served

May 5, 1995), G&F was granted approximately 29.8

miles of incidental overhead trackage rights

between milepost 125.2 at Sparks, Cook County,

GA, and milepost 155.0 at Valdosta, in Lowndes

County, GA.

2The Foley line extends from milepost GB 1.0 in

Adel, GA, to milepost 77.3 in Perry, FL, and from

milepost LO 45.75 in Perry, to milepost LO 39.0 in

Foley, FL.

3Also, a concurrently filed related petition for

exemption has been filed in Finance Docket No.

32813, H. Peter Claussen and Linda C. Claussen—

Continuance in Control Exemption—Live Oak,

Perry & Georgia Railroad Company, Inc.; and a

concurrently filed related notice of exemption has

been filed in Finance Docket No. 32811, Live Oak,

Perry & Georgia Railroad Company, Inc.—

Acquisition and Operation Exemption—A Portion

of Line of Georgia Southern and Florida Railway

Company and Norfolk Southern Railway Company.

4Legislation to sunset the Commission on

December 31, 1995, and transfer remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address.

require the filing of a supplemental

Notice within 30 days of such change.

The name and address of the

agricultural cooperative (1) and (2), the

location of the records (3), and the name

and address of the person to whom

inquiries and correspondence should be

addressed (4), are published here for

interested persons. Submission of

information which could have bearing

upon the propriety of a filing should be

directed to the Commission’s Office of

Compliance and Consumer Assistance,

Washington, D.C. 20423. The Notices

are in a central file, and can be

examined at the Office of the Secretary,

Interstate Commerce Commission,

Washington, D.C.

(1) Agway, Inc.

(2) 333 Butternut Dr., DeWitt, NY 13214

(3) 333 Butternut, Dr., DeWitt NY 13214 and

P.O. Box 4746, Syracuse, NY 13221

(4) Larry Clark, P.O. Box 4746, Syracuse, NY

13221

Vernon A. Williams,

Secretary.

[FR Doc. 95–31323 Filed 12–26–95; 8:45 am]

BILLING CODE 7035–01–M

[Ex Parte No. 523 (Sub-No. 1)]

Railroad Cost of Capital—1995

AGENCY: Interstate Commerce

Commission.

ACTION: Notice of decision instituting a

proceeding to determine the railroads’

1995 cost of capital.

SUMMARY: The Commission is instituting

a proceeding to determine the railroad

industry’s cost of capital for 1995. The

decision solicits comments on: (1) The

railroads’ 1995 cost of debt capital; (2)

the railroads’ 1995 current cost of

preferred stock equity capital; (3) the

railroads’ 1995 cost of common stock

equity capital; and (4) the 1995 capital

structure mix of the railroad industry on

a market value basis.

DATES: Notices of intent to participate

are due no later than December 29,

1995. A service list will then be

prepared and issued by January 13,

1996. Statements of the railroads are

due by March 8, 1996. Statements of

other interested persons are due by

April 5, 1996. Rebuttal statements by

the railroads are due by April 19, 1996.

ADDRESSES: Send an original and 15

copies of statements and an original and

1 copy of the notice of intent to

participate to: Office of the Secretary,

Case Control Branch, Interstate

Commerce Commission, 1201

Constitution Avenue, N.W.,

Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Leonard J. Blistein, (202) 927–6171.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION:

Legislation to sunset the Commission on

December 31, 1995, and transfer

remaining functions is now under

consideration in Congress. Until further

notice, parties submitting pleadings

should continue to use the current name

and address contained herein.

Additional information is contained in

the Commission’s decision. To obtain a

copy of the full decision, write to, call,

or pick up in person from: DC NEWS &

DATA, INC., Interstate Commerce

Commission Building, 1201

Constitution Avenue, N.W., Room 2229,

Washington, DC 20423. Telephone:

(202) 289–4357. [Assistance for the

hearing impaired is available through

TDD services (202) 927–5721.]

Environmental and Energy

Considerations

We preliminarily conclude that the

proposed action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Authority: 49 U.S.C. 10704(a).

Decided: December 15, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioner

Simmons.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31322 Filed 12–26–95; 8:45 am]

BILLING CODE 7035–01–M

[Finance Docket No. 32834]

Georgia & Florida Railroad Co., Inc.;

Amended Trackage Rights Exemption;

Georgia Southern and Florida Railway

Company

Georgia Southern and Florida Railway

Company (GS&F), a subsidiary of

Norfolk Southern Railway Company

(NS), has agreed to amend the incidental

overhead trackage rights previously

granted to Georgia & Florida Railroad

Co., Inc. (G&F) by NS.1 The proposed

amendment will expand G&F’s

overhead trackage rights to enable G&F

to handle traffic to or from a rail line,

known as the Foley line,2 (1) to or from

points north of Sparks, GA, or (2) to or

from Valdosta, GA, for the sole purpose

of interchanging with GS&F at Valdosta,

or to connect with the G&F line from

Nashville, GA, to Valdosta. The trackage

rights were to become effective on or

after December 15, 1995.

This transaction is related to Finance

Docket No. 32812, Georgia & Florida

Railroad Co., Inc.—Operation

Exemption—Live Oak, Perry & Georgia

Railroad Company, a concurrently filed

notice of exemption under 49 CFR

1150.31, in which G&F seeks to operate

over approximately 83.05 miles of

railroad in Georgia and Florida owned

by Live Oak, Perry & Georgia Railroad

Company.3 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

automatically stay the transaction.

Any comments must be filed with:

Office of the Secretary, Case Control

Branch, Interstate Commerce

Commission, Washington, DC 20423. A

copy of any pleading filed with the

Commission should be sent to

applicant’s representative: Mark H.

Sidman, Suite 800, 1350 New York

Ave., NW, Washington, DC 20005–

4797.4

As a condition to the use of this

exemption, any employees adversely

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: December 20, 1995.
66988 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Notices

1Legislation to sunset the Commission on

December 31, 1995, and transfer remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address.

1Legislation to sunset the Commission on

December 31, 1995, and transfer remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address.

1This designation embraces the following: (1)

Finance Docket No. 32760 (Sub-No. 1), Union

Pacific Railroad Company, Missouri Pacific

Railroad Company, Southern Pacific

Transportation Company, St. Louis Southwestern

Railway Company, SPCSL Corp., and The Denver

and Rio Grande Western Railroad Company—

Trackage Rights Exemption—Burlington Northern

Railroad Company and The Atchison, Topeka and

Santa Fe Railway Company; (2) Finance Docket No.

32760 (Sub-No. 2), Burlington Northern Railroad

Company and The Atchison, Topeka and Santa Fe

Railway Company—Petition for Exemption—

Acquisition and Operation of Trackage in

California, Texas, and Louisiana; (3) Finance

Docket No. 32760 (Sub-No. 3), Union Pacific

Corporation, Union Pacific Railroad Company,

Missouri Pacific Railroad Company, Southern

Pacific Rail Corporation, Southern Pacific

Transportation Company, St. Louis Southwestern

Railway Company, SPCSL Corp., and The Denver

and Rio Grande Western Railroad Company—

Control Exemption—The Alton & Southern Railway

Company; (4) Finance Docket No. 32760 (Sub-No.

4), Union Pacific Corporation, Union Pacific

Railroad Company, Missouri Pacific Railroad

Company, Southern Pacific Rail Corporation,

Southern Pacific Transportation Company, St.

Louis Southwestern Railway Company, SPCSL

Corp., and The Denver and Rio Grande Western

Railroad Company—Control Exemption—Central

California Traction Company; (5) Finance Docket

No. 32760 (Sub-No. 5), Union Pacific Corporation,

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31319 Filed 12–26–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32795]

Plainview Terminal Company;

Purchase and Operation Exemption;

Floydada and Plainview Railroad

Company

The Plainview Terminal Company

(PTC) has filed a notice of exemption to

acquire the operating rights of Floydada

and Plainview Railroad Company to

provide local switching service on an

approximately 4.6-mile line of railroad

owned by The Atchison, Topeka and

Santa Fe Railway Company (ATSF)

between Plainview Subdivision

milepost 627 plus 1791.7 feet at

Plainview, TX (Santa Fe Railway

Connection), and Floydada Subdivision

milepost 4 plus 3160 feet at Plainview,

TX. The proposed transaction was

expected to be consummated on October

25, 1995. PTC certified that its projected

revenues do not exceed those that

would qualify it as a class III carrier.

PTC owns no railroad lines and

conducts no rail operations subject to

the Commission’s jurisdiction.

RailAmerica, Inc. (RAI) owns 100% of

PTC’s stock. RAI owns or controls six

other class III shortline railroads.

This transaction is related to a notice

of exemption filed in RailAmerica,

Inc.—Continuance in Control

Exemption—West Texas and Lubbock

Railroad Company, Inc. and Plainview

Terminal Company, Finance Docket No.

32797, for RAI to continue in control of

PTC and West Texas and Lubbock

Railroad Company (WTLR) and five

other class III railroads upon PTC and

WTLR becoming class III rail carriers.

Any comments must be filed with the

Commission 1 and served on: Robert A.

Wimbish, Rea, Cross and Auchinclass,

1920 N. Street, NW, Suite 420,

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: December 19, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams, Secretary.

[FR Doc. 95–31321 Filed 12–26–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32797]

RailAmerica, Inc.; Continuance in

Control Exemption; West Texas and

Lubbock Railroad Company, Inc. and

Plainview Terminal Company

RailAmerica has filed a notice of

exemption to continue in control of the

West Texas and Lubbock Railroad

Company, Inc. (WTLR) and the

Plainview Terminal Company (PTC)

upon WTLR and PTC becoming active

class III shortline rail carriers.

WTLR has filed a notice of exemption

in West Texas and Lubbock Railroad

Company, Inc.—Purchase and

Operation Exemption—Seagraves,

Whiteface and Lubbock Railroad

Company, Finance Docket No. 32796, to

acquire and operate 113.0 route miles of

interconnected rail lines from the

Seagraves, Whiteface and Lubbock

Railroad Company (SWGR). WTLR will

also obtain ancillary overhead trackage

rights held by SWGR over certain lines

and yard tracks of The Atchison, Topeka

and Santa Fe Railway Company (ATSF)

at Lubbock Subdivision and in ATSF’s

Lubbock yards.

PTC has filed a notice of exemption

in Plainview Terminal Company—

Purchase and Operation Exemption—

Floydada and Plainview Railroad

Company, Finance Docket No. 32795, to

acquire operating rights over a 4.6 mile

line of railroad at Plainview, TX.

RAI controls five other carriers: The

Delaware Valley Railway Company, Inc.

(DVRY), the Huron and Eastern Railway

Company, Inc. (HESR) the Saginaw

Valley Railway Company, Inc. (SGVR),

the South Central Tennessee Railroad

Company (SCTR), and Dakota Rail, Inc.

(DRI).

RAI certifies that: (1) The WTLR and

PTC do not interconnect, nor do they

interconnect with any other rail carrier

it controls; (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,

therefore, is 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 1 and served on:

Robert A. Wimbish, Rea, Cross &

Auchincloss, 1920 N Street, NW, Suite

420, Washington, D.C. 20036.

Decided: December 19, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31320 Filed 12–26–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32760]

Union Pacific Corporation, Union

Pacific Railroad Company, and

Missouri Pacific Railroad Company—

Control and Merger—Southern Pacific

Rail Corporation, Southern Pacific

Transportation Company, St. Louis

Southwestern Railway Company,

SPCSL Corp., and the Denver and Rio

Grande Western Railroad Company

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 9; Notice of

Acceptance of Application.1