[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Page 34805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14558]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35530]


Arkansas Midland Railroad Company, Inc., Trackage Rights 
Exemption; Caddo Valley Railroad Company

    Pursuant to a written trackage rights agreement, Caddo Valley 
Railroad Company (CVR) has agreed to grant local trackage rights to 
Arkansas Midland Railroad Company, Inc. (AKMD) over approximately 2.57 
miles of CVR's rail line, known as the Gurdon Segment, extending 
between a connection with Union Pacific Railroad Company (UP) at 
milepost 426.88 in Gurdon, Ark. and milepost 429.5 north of Gurdon.\1\
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    \1\ AKMD states that the mileposts of the Gurdon Segment are 
slightly changed in this transaction from those listed in the 
emergency service proceeding involving the same line. See Ark. 
Midland R.R.--Alternative Rail Service--Caddo Valley R.R., FD 35416 
(STB served Sept. 17, 2010, Oct. 15, 2010, and Feb. 11, 2011). 
Specifically, the connection with UP at Gurdon is a technical 
correction of one-hundredth of a mile based on AKMD's physical 
observation, and at the other end of the segment, the milepost has 
been shortened to exclude trackage and an attendant grade crossing 
that was not needed or used for any rail service purpose.
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    The earliest this transaction may be consummated is July 7, 2011, 
the effective date of the exemption (30 days after the exemption was 
filed), unless otherwise ordered by the Board.\2\
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    \2\ On June 7, 2011, AKMD concurrently filed a petition 
requesting that the Board allow this trackage rights transaction to 
become effective on June 15, 2011, the day after AKMD's current 
emergency service authority expires on the Gurdon Segment, rather 
than on July 7. That request will be addressed in a separate Board 
decision.
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    The purpose of the transaction is to allow AKMD to continue to 
provide rail service on the Gurdon Segment pending transfer of the line 
to AKMD.
    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. Sec.  
11324 and 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.
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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 transaction.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35530, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: June 8, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-14558 Filed 6-13-11; 8:45 am]
BILLING CODE 4915-01-P