[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Page 11112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5041]



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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32617]


CAGY Industries, Inc.--Continuance in Control Exemption--Redmont 
Railway Co., Inc.

    CAGY Industries, Inc. (CAGY), a noncarrier, has filed a notice of 
exemption to continue in control of Redmont Railway Company, Inc. 
(Redmont), a wholly owned subsidiary of CAGY, upon Redmont becoming a 
class III rail carrier.<SUP>1

    \1\CAGY originally filed the notice of exemption on November 15, 
1994. By letter filed December 5, 1994, the Mississippi-Alabama 
Railroad Authority (MARA) requested the Commission to suspend the 
processing of the notice and the concurrently filed related notices 
in Finance Docket Nos. 32615 and 32616. MARA states that counsel for 
CAGY concurred in the request. MARA claimed that it needed to meet 
State requirements following enactment of enabling legislation by 
Alabama and Mississippi authorizing the creation of MARA which it 
states had not been completed at the time the original notice was 
filed. On February 8, 1995, CAGY filed an amended verified notice of 
exemption.
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    Redmont, a noncarrier, has concurrently filed a notice of exemption 
in Redmont Railway Company, Inc.--Lease and Operation Exemption--
Certain Lines of Mississippi-Alabama Railroad Authority, Finance Docket 
No. 32616, to acquire by lease and to operate a 41.5-mile rail line 
segment owned by Norfolk Southern Railway Company (NS) between milepost 
IC-529.5 at Corinth, MS, and milepost IC-571.0 at Red Bay, AL.<SUP>2 
Redmont will also acquire incidental trackage rights to operate over 
2.2 miles of NS's track between NS milepost IC-529.5 at Corinth and NS 
milepost IC-527.3 at NS' Corinth Yard. The parties intended to 
consummate the proposed transaction on or after February 15, 1995.

    \2\In a related notice of exemption in Mississippi-Alabama 
Railroad Authority--Acquisition Exemption--Norfolk Southern Railway 
Company, Finance Docket No. 32615, MARA seeks to acquire from NS the 
41.5-mile rail line segment. This 41.5-mile rail line segment is 
embraced within a feeder line application in Sunshine Mills, Inc.--
Feeder Line Acquisition--Norfolk Southern Railway Company Line 
Between Corinth, MS, and Haleyville, AL, Finance Docket No. 32337. 
NS and MARA state that upon approval of the acquisition transaction, 
Sunshine is expected to request dismissal of the feeder line 
application.
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    CAGY controls two other nonconnecting class III rail carriers: 
Columbus and Greenville Railway Company (C&G), operating in 
Mississippi, and the Chattooga & Chickamauga Railway Co. (CCKY), 
operating in Mississippi, Georgia, and Tennessee.<SUP>3

    \3\The control of these carriers was authorized in CAGY 
Industries, Inc.--Control Exemption--Chattooga & Chickamauga Railway 
Co., Finance Docket No. 31422 (ICC served June 12, 1989).
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    CAGY states that: (1) Redmont will not connect with any of the 
other railroads in its corporate family; (2) the continuance in control 
is not a part of a series of anticipated transactions that would 
connect Redmont with any other railroad in its corporate family; and 
(3) the transaction does not involve a class I railroad. 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 and served on: Eric M. Hocky, 213 West Miner Street, P.O. 
Box 796, West Chester, PA 19381-0796.

    Decided: February 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5041 Filed 2-28-95; 8:45 am]
BILLING CODE 7035-01-P