11112 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices

1CAGY 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.

2 In a related notice of exemption in MississippiAlabama 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.

3The 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).

1The notice of exemption was originally filed on

November 15, 1994. MARA filed a letter, on

December 5, 1994, requesting a delay in the

publication of this and two related notices of

exemption. MARA claimed that it needed to meet

state requirements following enactment of enabling

legislation by Alabama and Mississippi authorizing

the creation of MARA. On February 8, 1995, MARA

filed this amended notice of exemption.

2The 41.5-mile line segment is within a NS rail

line that is the subject of 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. MARA asserts that upon approval of this

acquisition exemption, Sunshine Mills, Inc., the

feeder line applicant and an active supporter of the

instant acquisition, is expected to request dismissal

of the pending application.

1Redmont 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 32617. MARA

states that counsel for Redmont concurred in the

request. MARA claimed that it needed to meet State

Issued: February 21, 1995.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–5001 Filed 2–28–95; 8:45 am]

BILLING CODE 7020–02–P

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.1

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.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.

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.3

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

[Finance Docket No. 32615]

Mississippi-Alabama Railroad

Authority—Acquisition Exemption—

Norfolk Southern Railway Company

Mississippi-Alabama Railroad

Authority (MARA), a noncarrier, has

filed an amended notice of exemption 1

to acquire approximately 41.5 miles of

rail line owned by Norfolk Southern

Railway Company (NS) between

milepost IC–529.5 at Corinth, MS, and

milepost IC–571.0 at Red Bay, AL.2

Redmont Railway Company, Inc.

(Redmont), a noncarrier, concurrently

filed a notice of exemption in Redmont

Railway Company, Inc.—Lease and

Operation Exemption—MississippiAlabama Railroad Authority, Finance

Docket No. 32616, to operate the line

under lease from MARA. Additionally,

CAGY Industries, Inc., a noncarrier,

concurrently filed a notice of exemption

in CAGY Industries, Inc.—Continuance

in Control Exemption—Redmont

Railway Company, Inc., Finance Docket

No. 32617, to continue in control of

Redmont and two other class III rail

carriers, once Redmont becomes a rail

carrier. The parties intended to

consummate the transaction on or after

February 15, 1995.

Any comments must be filed with the

Commission and served on: William P.

Jackson, Jr., Jackson & Jessup, P.C., P.O.

Box 1240, 3426 North Washington

Boulevard, Arlington, VA 22210.

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: February 17, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5042 Filed 2–28–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32616]

Redmont Railway Company, Inc.—

Lease and Operation Exemption—

Certain Lines of Mississippi-Alabama

Railroad Authority

Redmont Railway Company, Inc.

(Redmont), a noncarrier, has filed a

notice of exemption 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.1