[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Page 55317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27972]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33472]


Fun Trains, Inc.--Operation Exemption--Lines of CSX 
Transportation, Inc. and the Florida Department of Transportation

    Fun Trains, Inc. (Fun Trains), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150, Subpart D--Exempt Transactions 
to operate an excursion rail passenger service pursuant to trackage 
rights granted by CSX Transportation, Inc. (CSXT) and the Florida 
Department of Transportation (FDOT) over approximately 241 miles of 
their lines of railroad between MP 1034 at Hialeah, FL, and MP 793.5 at 
Poinciana, FL. The transaction was scheduled to be consummated on 
October 1, 1997.
    On October 31, 1996, and January 6, 1997, Fun Trains and its 
corporate parent, First American Railways, Inc. (First American), 
entered into an agreement with CSXT entitled ``Trackage Rights 
Agreement'' and an agreement with FDOT entitled ``Operating Agreement'' 
(collectively, the Agreements). Pursuant to the Agreements, CSXT and 
FDOT will grant Fun Trains exclusive overhead trackage rights over 
their rail properties to operate a privately funded excursion passenger 
train to be known as the ``Florida Fun Train.'' The Agreements are for 
a 5-year term with an option to renew for another 5-year term, subject 
to Amtrak's right to operate intercity rail passenger service, the 
rights of publicly funded government agencies (or their agents) to run 
passenger service, the rights of others to operate high speed passenger 
service, and CSXT's right to run freight service over these lines. 
Amtrak will supply locomotives and crews. First American and Fun Trains 
will jointly and severally assume the obligations established under the 
Agreements.
    Fun Trains will provide a one-way and a round-trip entertainment 
service between Hollywood and the Poinciana, FL areas, offering deluxe 
coach accommodations, food and beverage service, and on-board 
entertainment. No service will be provided to intermediate points in 
competition with the service presently provided by Amtrak or Tri-County 
Commuter Rail Authority and no joint ticketing arrangements will be 
available.1
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    \1\ Concurrently, Fun Trains filed a Motion to Dismiss for Lack 
of Jurisdiction, asserting that the proposed service is outside the 
Board's jurisdiction as a wholly intrastate excursion rail passenger 
service. The entire Board will address the jurisdictional issue 
raised by the motion to dismiss in a subsequent decision.
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    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. A 
petition 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. 33472, must be filed with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 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, Suite 420, 1920 ``N'' Street, N.W., Washington, DC 20036.

    Decided: October 16, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27972 Filed 10-22-97; 8:45 am]
BILLING CODE 4915-00-P