[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Page 56873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23475]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35550]


American Railroad Group Transportation Services, LLC d/b/a ARG 
Trans--Continuance in Control Exemption--Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link

    American Railroad Group Transportation Services, LLC d/b/a ARG 
Trans (ARG Trans), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(2) to continue in control of Coos Bay 
Railroad Operating Company, LLC d/b/a Coos Bay Rail Link (CBR), upon 
CBR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35551, Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link--Operation Exemption--Oregon 
International Port of Coos Bay, wherein CBR seeks Board approval to 
operate approximately 133 miles of railroad in Oregon currently owned 
by the Oregon International Port of Coos Bay.
    ARG Trans states that it currently owns 100% of the stock of San 
Pedro Railroad Operating Company, LLC, d/b/a San Pedro & Southwestern 
Railroad (SPROC), an existing Class III rail carrier operating in the 
state of Arizona.
    The parties intend to consummate the transaction on or around 
October 1, 2011, after the exemption becomes effective on September 28, 
2011 (30 days after the notice of exemption was filed).
    ARG Trans represents that: (1) The rail line to be operated by CBR 
will not connect with those of SPROC; (2) the continuance in control is 
not part of a series of anticipated transactions that would connect the 
railroads with each other or with any other railroad in their 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. 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.
    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. Petitions to stay must be filed no later than September 21, 
2011 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35550, 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 John D. Heffner, 1750 K St., NW., Suite 200, 
Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 9, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-23475 Filed 9-13-11; 8:45 am]
BILLING CODE 4915-01-P