[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Page 54897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27970]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33468]


Effingham Railroad Company--Operation Exemption--Line Owned by 
Agracel Corporation

    Effingham Railroad Company (ERRC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate over 
approximately 206.05 feet 1 of railroad line owned by the 
Agracel Corporation (Agracel), located in a new industrial park in 
Effingham, IL. ERRC states that it is a substitute operator for 
Consolidated Rail Corporation, the previous operator of the line, and 
that it will operate the line under lease or operating agreement with 
Agracel after the transaction is completed.
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    \1\ In an attachment to the verified notice, the length of the 
line is stated as approximately 206.8 feet, but all other references 
in this and related proceedings consistently specify the length as 
approximately 206.05 feet.
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    This transaction is related to STB Finance Docket No. 33480, 
Charles Barenfanger--Continuance in Control Exemption--Effingham 
Railroad Company, wherein Charles Barenfanger has filed a verified 
notice of exemption to continue in control of ERRC, upon its becoming a 
Class III rail carrier.
    The exemption became effective on September 25, 1997, but, because 
the related notice in the control proceeding was not filed 
simultaneously, the earliest date the transaction could be lawfully 
consummated was October 7, 1997.
    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.2 The filing of a petition to revoke will not 
automatically stay the transaction.
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    \2\ On September 22, 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 
or revoke the notice. By decision served September 24, 1997, in this 
matter, 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.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33468, 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: October 14, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27970 Filed 10-21-97; 8:45 am]
BILLING CODE 4915-00-P