[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Notices]
[Page 34985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12274]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 32607 (Sub-No. 3]


Kiamichi Railroad L.L.C.--Trackage Rights Exemption--WFEC 
Railroad Company

    WFEC Railroad Company (WFECR) has agreed to grant overhead trackage 
rights to Kiamichi Railroad L.L.C. (KRR) over its entire 14-mile rail 
line in Choctaw and McCurtain Counties, OK.\1\
---------------------------------------------------------------------------

    \1\ WFECR previously granted bridge trackage rights to two other 
carriers to use its line. See DeQueen & Eastern Railroad Company and 
Texas, Oklahoma & Eastern Railroad Company--Trackage Rights 
Exemption--WFEC Railroad Company, STB Finance Docket No. 32607 (Sub-
No. 2) (STB served Apr. 17, 1997).
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after the May 
8, 2002 effective date of the exemption. The purpose of the trackage 
rights is to permit KRR to provide rail service to the Western Farmers 
Electric Cooperative, Inc. (Western Farmers) Hugo electric generating 
station under new commercial arrangements among KRR, WFECR and Western 
Farmers.\2\
---------------------------------------------------------------------------

    \2\ KRR will have overhead rights to provide service to 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.
---------------------------------------------------------------------------

    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. 3) must be filed with the Surface 
Transportation Board, Case Control Unit, 1925 K Street NW, Washington, 
DC 20423-0001. In addition, a copy of each pleading must be served on 
John H. LeSeur, Slover & Loftus, 1224 Seventeenth Street, NW, 
Washington, DC 20036.
    Board decision and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 9, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-12274 Filed 5-15-02; 8:45 am]
BILLING CODE 4915-00-P