Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 67937

1ERRC became a carrier pursuant to a notice of

exemption in Effingham Railroad Company—

Operation Exemption—Line Owned by Agracel

Corporation, STB Finance Docket No. 33468 (STB

served Oct. 22, 1997), when it became the operator

of approximately 206.05 feet of track, owned by the

Agracel Corporation, which connects with a

Consolidated Rail Corporation line and serves a

facility in the Effingham industrial park.

2ERRC states that it will also operate an

additional 400 feet of track, within the industrial

park, connecting its existing line of railroad with

TQW’s facility, as a side track, exempt from

regulation pursuant to 49 U.S.C. 10906.

3On December 9, 1997, Joseph C. Szabo, on

behalf of United Transportation Union-Illinois

Legislative Board, filed a petition to stay the

operation of the notice of exemption, as well as to

reject the notice or to revoke the exemption. By

decision served December 16, 1997, the petition for

stay was denied. A subsequent decision will be

issued by the Board on the request to reject or to

revoke the exemption.

1On December 11, 1997, a petition to stay

operation of the exemption filed by IR was filed by

Joseph C. Szabo, on behalf of United Transportation

Union-Illinois Legislative Board. The petition for

stay was denied by the Board in Illinois Railnet,

Inc.—Acquisition and Operation Exemption—The

Burlington Northern and Santa Fe Railway

Company, STB Finance Docket No. 33516 (STB

served Dec. 16, 1997).

0001. In addition, a copy of each

pleading must be served on Kevin M.

Sheys, Oppenheimer Wolff & Donnelly,

1020 Nineteenth Street, N.W., Suite 400,

Washington, DC 20036–6105.

Decided: December 18, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33856 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33528]

Effingham Railroad Company,

Operation Exemption—Line Owned by

Total Quality Warehouse

Effingham Railroad Company (ERRC),

a Class III rail carrier,1 has filed a

verified notice of exemption under 49

CFR 1150.31 to operate over

approximately 9,201 feet of railroad line

that will be constructed for and

acquired by Total Quality Warehouse

(TQW), located in an industrial park in

Effingham, IL,2 connecting TQW’s

facility with the Illinois Central Railroad

Company.

Construction of the track is expected

to begin in January 1998, and ERRC will

begin operations under agreement with

TQW, as soon as construction is

completed.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time.3 The filing of a petition to

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33528, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on John M.

Robinson, 9616 Old Spring Road,

Kensington, MD 20895.

Decided: December 19, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33857 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33516]

Illinois Railnet, Inc.; Acquisition and

Operation Exemption—The Burlington

Northern and Santa Fe Railway

Company

Illinois Railnet, Inc. (IR), a noncarrier,

has filed a verified notice of exemption

under 49 CFR 1150.31 to acquire from

The Burlington Northern and Santa Fe

Railway Company (BNSF) and to

operate approximately 56.67 miles of

rail line between milepost 40.73, near

Montgomery, and milepost 97.40, at

Streator, in Kendall and LaSalle

Counties, IL. In addition, IR will acquire

for a 99-year period incidental overhead

trackage rights from BNSF between

milepost 40.73, near Montgomery, and

milepost 33.4, near Eola, including

operations over tracks 1, 2, and 3 in the

Sheep Yard near milepost 40.0, in the

vicinity of Montgomery and over all

tracks in the Eola rail yard.1

The earliest the transaction could be

consummated was December 9, 1997,

the effective date of the exemption (7

days after the exemption was filed).

This transaction is related to STB

Finance Docket No. 33517, North

American Railnet, Inc.—Continuance in

Control Exemption—Illinois Railnet,

Inc., wherein North American Railnet,

Inc. has concurrently filed a verified

notice to continue in control of IR upon

its becoming a Class III rail carrier.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33516, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on John D.

Heffner, Rea, Cross & Auchincloss, 1920

N Street, N.W., Suite 420, Washington,

DC 20036.

Decided: December 16, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33858 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33517]

North American Railnet, Inc.;

Continuance in Control Exemption—

Illinois Railnet, Inc.

North American Railnet, Inc. (Railnet)

has filed a notice of exemption to

continue in control of the Illinois

Railnet, Inc. (IR), upon IR’s becoming a

Class III railroad.

The earliest the transaction could be

consummated was December 9, 1997,

the effective date of the exemption (7

days after the exemption was filed).

This transaction is related to STB

Finance Docket No. 33516, Illinois

Railnet, Inc.—Acquisition and

Operation Exemption—The Burlington

Northern and Santa Fe Railway,

wherein IR seeks to acquire and operate

a rail line from The Burlington Northern

and Santa Fe Railway.

Applicant controls one existing Class

III railroad: Nebraska, Kansas, &

Colorado Railnet, Inc., operating in the

States of Kansas, Nebraska, and

Colorado.

Applicant states that: (i) The rail lines

to be operated by IR do not connect with

any railroad in the corporate family; (ii)

the transaction is not part of a series of

anticipated transactions that would

connect IR’s lines with any railroad in

the corporate family; and (iii) the

transaction does not involve a Class I

carrier. Therefore, the transaction is

exempt from the prior approval

requirements of 49 U.S.C. 11323. See 49

CFR 1180.2(d)(2).