[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21797-21798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9262]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35484]


Arkansas Shortline Railroads, Inc.--Continuance in Control 
Exemption--Dardanelle & Russellville Railroad, Inc., Ouachita Railroad, 
and Camden & Southern Railroad, Inc.

    Arkansas Shortline Railroads, Inc. (ASR), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Camden & Southern Railroad, Inc. (C&S), upon 
C&S's becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
on April 7, 2011, in Docket No. FD 35483, Camden & Southern Railroad, 
Inc.--Lease & Operation Exemption--Camden Area Industrial Development 
Corporation. In that proceeding, C&S seeks an exemption under 49 CFR 
1150.31 to lease and operate 17,837 feet of trackage owned by Camden 
Area Industrial Development Corporation, located at Zone JH482, Yard 
06, opposite milepost 463 of Union Pacific Railroad Company's Gurdon 
Subdivision, Camden, Ouachita County, Ark.
    The parties intend to consummate the transaction on or shortly 
after the effective date of the related notice.
    ASR currently controls 2 Class III railroads, Dardanelle & 
Russellville Railroad, Inc. and Ouachita Railroad.
    ASR represents that: (1) The rail line to be operated by C&S does 
not connect with any other railroads in the corporate family; (2) the 
transaction is not part of

[[Page 21798]]

a series of anticipated transactions that would connect the rail lines 
with any other railroad in the corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
transaction is exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(2).
    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 Sec.  11324 and 
Sec.  11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    If the verified notice 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 effectiveness of the 
exemption. Stay petitions must be filed no later than April 29, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35484, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Richard H. Streeter, 5255 Partridge Lane, 
NW., Washington, DC 20016.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 12, 2011.

    By the Board.

Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9262 Filed 4-15-11; 8:45 am]
BILLING CODE 4915-01-P