This is a determination of the Railroad Retirement Board concerning the
continuing status of Warren & Ouachita Valley Railway Company (Warren Ouachita)
as an employer under the Railroad Retirement Act (45 U.S.C. §231 et seq.) and
the Railroad Unemployment Insurance Act (45 U.S.C. §351 et seq.).
Ouachita (B.A. # 3848) has been an employer under the Railroad Retirement Act
and Railroad Unemployment Insurance Act since the inception of the Acts. Warren
Ouachita began operations in 1899.
The coverage information in the file for White Sulphur indicates that Warren
Ouachita was originally formed to haul lumber along approximately 16 miles of
track in Arkansas between Warren, Arkansas and Banks, Arkansas. In a decision
(Finance Docket No. 16120) dated October 29, 1948, the Interstate Commerce
Commission approved the acquisition of Warren Ouachita by the Chicago, Rock
Island & Pacific Railroad Company. In Finance Docket No. 28267, the Interstate
Commerce Commission approved the abandonment of the entire line of railroad by
Warren Ouachita in April of 1977 and the acquisition of a two mile segment of
that line by Warren & Saline River Railroad. Further, in Docket No. AB-133, the
Interstate Commerce Commission approved the abandonment, as of October 30, 1978,
of the entire 16 mile line of track operated by Warren Ouachita except for the
Easternmost two mile section which was being operated by Warren & Saline.
Additionally, research performed by the agency librarian confirmed this
timeline of abandonment by Warren Ouachita in the Texas Transportation Archives
and the American Shortline Railway Guide. That research indicated that the final
abandonment of the Warren Ouachita rail lines occurred in April of 1980 when the
Chicago, Rock Island & Pacific Railroad Company went bankrupt. Further research
of active business entities did not produce any active records for Warren
Ouachita as a functional corporate entity.
Section 202.11 (20 CFR 202.11) of the Board's regulations states that:
The employer status of any company or person shall terminate whenever such
company or person loses any of the characteristics essential to the existence
of an employer status.
As indicated above, information in our coverage files indicates that Warren
Ouachita was formed to operate a railroad in 1899. The trackage on which it
conducted operations was finally abandoned in April of 1980. The evidence of
record establishes that Warren Ouachita no longer possesses the characteristics
of a railroad carrier employer. The Board therefore finds that effective April
30, 1980, the last day of the month in which Warren Ouachita had completely
abandoned its trackage rights, Warren & Ouachita Valley Railway Company ceased
being a covered employer under the Railroad Retirement and Railroad Unemployment
Original signed by:
||FOR THE BOARD
Secretary to the Board