[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Page 18829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9851]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 32607 (Sub-No. 2)]


DeQueen & Eastern Railroad Company and Texas, Oklahoma & Eastern 
Railroad Company--Trackage Rights Exemption--WFEC Railroad Company

    WFEC Railroad Company (WFECR) has agreed to grant bridge trackage 
rights to DeQueen & Eastern Railroad Company and Texas, Oklahoma & 
Eastern Railroad Company (collectively TOE) over its entire line of 
railroad in Choctaw and McCurtain Counties, OK.\1\
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    \1\ TOE will conduct actual train operations over the WFECR line 
to serve Western Farmers Electric Cooperative's generating station 
(Western Farmers) and will have no authority to serve any other 
shippers that might locate on the line. WFECR will retain the 
authority and responsibility for serving any such shippers.
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    The transaction is scheduled to be consummated on or after the 
April 14, 1997 effective date of the exemption. The purpose of the 
trackage rights is to increase the efficiency of the unit train rail 
operation serving Western Farmers.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions 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. 32607 (Sub-No. 2) must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Donald G. Avery, Esq., Slover & Loftus, 1224 
Seventeenth Street, NW., Washington, DC 20036.

    Decided: April 10, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-9851 Filed 4-16-97; 8:45 am]
BILLING CODE 4915-00-P