[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-23452] [[Page Unknown]] [Federal Register: September 22, 1994] ======================================================================= ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32555] Gregory B. Cundiff--Continuance in Control Exemption--Rio Valley Switching Company Gregory B. Cundiff has filed a notice of exemption to continue in control of Rio Valley Switching Company (RVSC), upon RVSC becoming a class III rail carrier. RVSC, a noncarrier, has concurrently filed a notice of exemption in Finance Docket No. 32554, Rio Valley Switching Company--Operation Exemption--Rio Valley Railroad, Inc., to operate a total of 49.12 miles of rail line leased by Rio Valley Railroad, Inc. (RVRI), and owned by Missouri Pacific Railroad Company, all in the State of Texas. That exemption was expected to be consummated on or after August 30, 1994. Mr. Cundiff controls several existing class III rail carriers: (1) Crystal City Railroad, Inc. (CCRI) and Texas Railroad Switching, Inc. (TRSI), which operates approximately 55 miles of CCRI's rail line between Gardendale, TX, and Carrizo Springs, TX; (2) Railroad Switching Service of Missouri, Inc. (RSSM), which operates approximately 4 miles of rail line in the St. Louis, MO, switching district; and (3) Lone Star Railroad, Inc. (LSRI) and Southern Switching Company (SSC), which operates 143.3 miles of LSRI's rail line between Abilene and Wichita Falls, TX.\1\ --------------------------------------------------------------------------- \1\Mr. Cundiff's control of these carriers was the subject of notices of exemption: (1) Gregory B. Cundiff--Control Exemption-- Railroad Switching Service of Missouri, Inc., Texas Railroad Switching, Inc., and Crystal City Railroad, Inc., Finance Docket No. 31817 (ICC served Feb. 6, 1991), for RSSM, TRSI, and CCRI; (2) Gregory B. Cundiff--Continuance in Control Exemption--Rio Valley Railroad, Inc., Finance Docket No. 32262 (ICC served Mar. 17, 1993), for RVRI; and (3) Gregory B. Cundiff--Continuance in Control Exemption--Lone Star Railroad, Inc. and Southern Switching Company, Finance Docket No. 32501 (ICC served May 27, 1994), for LSRI and SSC. --------------------------------------------------------------------------- Mr. Cundiff indicates that: (1) the rail lines operated by RVSC and the other class III rail carriers do not connect with each other; (2) the continuance in control is not a part of a series of anticipated transactions that would connect the railroads with each other or any other 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 the 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: Thomas F. McFarland, Jr., 20 North Wacker Drive, Suite 3118, Chicago, IL 60606. Decided: September 15, 1994. By the Commission, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Acting Secretary. [FR Doc. 94-23452 Filed 9-21-94; 8:45 am] BILLING CODE 7035-01-P