Federal Register / Vol. 61, No. 233 / Tuesday, December 3, 1996 / Notices 64191 or physiological byproducts which can be met or from the dispatcher shall be shortline railroad, operating in the State sometimes be present during post- recorded in writing by both the of Illinois.1 mortem decomposition; repetitive conductor and engineer, i.e., Engine The earliest the transaction could be analyses of a specimen to determine if (number) has passed (location) at (time). consummated was November 21, 1996, the alcohol concentration is increasing; In all DTC territory: the effective date of the exemption (7 and determining the identity of any 2. Once a movement authority is in days after the exemption was filed). microorganisms present to assess effect, no alterations may be made other whether they have alcohol-producing than those specifically prescribed by Pioneer owns and controls eleven capability. carrier operating rules. existing Class III shortline rail carriers: West Michigan Railroad Co., operating Authority: 49 U.S.C. 20103, 20107, 20111, 3. Conductors and engineers should 20112, 20113, 20140, 21301, 21304, and 49 retain for seven days copies of all en in Michigan; Fort Smith Railroad Co., CFR 1.49(m). route movement authorities transmitted operating in Arkansas; Alabama Issued in Washington, D.C. on November by radio. These records should be Railroad Co., operating in Alabama; 27, 1996. periodically inspected by carrier Mississippi Central Railroad Co., Grady C. Cothen, officials. operating in Mississippi and Tennessee; Deputy Associate Administrator for Safety. In addition to these recommended Alabama & Florida Railway Co., [FR Doc. 96–30759 Filed 12–2–96; 8:45 am] safety practices, FRA emphasizes that operating in Alabama; Decatur Junction BILLING CODE 4910±06±P strict adherence to existing FRA safety Railway Co., operating in Illinois; regulations will enhance safety of these Vandalia Railroad Company, operating rail operations. Railroad officials and in Illinois; Minnesota Central Railroad Notice of Safety Bulletin employees should be particularly aware Co., operating in Minnesota; KNRECO, of the following regulations and their Inc., d/b/a/ Keokuk Junction Railway, AGENCY: Federal Railroad effect on the safety of DTC operations: operating in Iowa and Illinois; Columbia Administration (FRA), Department of FRA regulations at 49 CFR & Northern Railway Co., which has a Transportation (DOT). 220.61(b)(5) require that both the right to operate in Mississipi; and ACTION: Notice of safety bulletin. conductor and engineer shall have a Rochelle Railroad Co., which operates SUMMARY: The FRA is issuing a Safety copy of all movement authorities in Illinois. transmitted by radio. FRA has Bulletin addressing recommended Pioneer states that: (i) The railroads traditionally interpreted this to mean safety practices for Direct Train Control will not connect with each other or any that the conductor and the engineer (DTC) operations. railroad in their corporate family; (ii) shall each have a copy. Both FOR FURTHER INFORMATION CONTACT: the acquisition of control is not part of crewmembers having their own copy of Doug Taylor, Staff Director, Operating a series of anticipated transactions that all movement authorities will, in Practices Division, Office of Safety would connect the eleven railroads with Assurance and Compliance, FRA, 400 accordance with the purpose of the rule, provide needed safety checks on each other or any railroad in their Seventh Street, S.W., Washington, D.C. corporate family; and (iii) the 20590 (telephone 202–632–3346). unauthorized train movements. FRA regulations at 49 CFR 217.9(b)(1) transaction does not involve a Class I SUPPLEMENTARY INFORMATION: require that a carrier’s program of carrier. Therefore, the transaction is Preliminary investigatory findings operational tests and inspections exempt from the prior approval following the head-on collision of two provide for operational testing and requirements of 49 U.S.C. 11323. See 49 CSX freight trains at Smithfield, West inspection under the various operating CFR 1180.2(d)(2). Virginia, on August 20, 1996, indicate conditions on the railroad. Under 49 U.S.C. 10502(g), the Board that existing carrier Direct Train Consequently, operational tests and Control 1 rules and procedures should may not use its exemption authority to inspections conducted in accordance be enhanced in order to reduce the risk relieve a rail carrier of its statutory therewith must include a representative of similar collisions. Therefore, the obligation to protect the interests of its number of tests and inspections following three safety practices are employees. Section 11326(c), however, specifically covering operations in DTC recommended in DTC territory: does not provide for labor protection for In non-signalled DTC territory—when territory. transactions under sections 11324 and a train holds an ‘‘after arrival of’’ block Issued in Washington, D.C. on November 11325 that involve only Class III rail authority: 25, 1996. carriers. Because this transaction 1. After the train to be met has been Bruce Fine, involves Class III rail carriers only, the visually identified by engine number Associate Administrator for Safety. Board, under the statute, may not and the rear end marker has passed the [FR Doc. 96–30737 Filed 12–2–96; 8:45 am] impose labor protective conditions for point of restriction, the train being BILLING CODE 4910±06±P this transaction. restricted shall establish positive radio If the notice contains false or contact with the train to be met in order misleading information, the exemption to confirm the identity of the passing Surface Transportation Board is void ab initio. Petitions to revoke the train. If radio contact cannot be [STB Finance Docket No. 33298] exemption under 49 U.S.C. 10502(d) established, the train dispatcher shall be may be filed at any time. The filing of contacted to provide the required Pioneer RailcorpÐAcquisition of a petition to revoke will not confirmation. The train identification Control ExemptionÐShawnee automatically stay the transaction. information received from the train to Terminal Railway Company, Inc. An original and 10 copies of all 1 This is an umbrella term and refers to methods Pioneer Railcorp. (Pioneer), a pleadings, referring to STB Finance of operation known variously as Direct Traffic noncarrier holding company, has filed a 1 Control (DTC), Track Warrant Control (TWC), Track notice of exemption to acquire, through See Shawnee Terminal Railway Company, Permit Control Systems (TPCS), Form D control Inc.—Acquisition and Operation Exemption—Cairo system (DCS), and similar methods of authorizing stock purchase, Shawnee Terminal Terminal Railroad Company, Finance Docket No. train movements. Railway Company, Inc., a Class III 33127 (STB served Oct. 11, 1996).