[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23321-23322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9326]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 32607 (Sub-No. 4)]


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

    Pursuant to a written joint facility agreement dated January 1, 
2012, WFEC Railroad Company (WFECR) has agreed to grant limited 
nonexclusive overhead trackage rights to Kiamichi Railroad L.L.C. 
(KRR), over its entire line (the Line), between milepost 0.0 at Western 
Farmers Electric Cooperative, Inc.'s (Western Farmers) Hugo electric 
generating station and milepost 14.98, where WFECR connects to the line 
of the Texas, Oklahoma & Eastern Railroad Company, in Choctaw and 
McCurtain Counties, Okla.\1\
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    \1\ The Board previously granted KRR certain authority to 
operate over the Line. See Kiamichi R.R.--Trackage Rights 
Exemption--WFEC R.R., FD 32607 (Sub-No. 3) (STB served May 16, 
2002).
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    The transaction is scheduled to be consummated on May 2, 2012, the 
effective date of the exemption (30 days after the exemption was 
filed).
    The purpose of the transaction is to permit KRR to provide rail 
service between the Hugo electric generating station and other Western 
Farmers' facilities located on or adjacent to the Line, or which may 
locate on or adjacent to the Line in the future, and connections to the 
lines of KRR and other rail carriers.\2\
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    \2\ KRR will have no authority to serve any other shippers on 
the Line. WFECR will retain the authority and responsibility for 
serving any such shippers.
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    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 effectiveness of the exemption. Petitions for 
stay must be filed by April 25, 2012 (at least 7 days before the 
exemption becomes effective).
    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 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.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD

[[Page 23322]]

32607 (Sub-No. 4), 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 Louis E. Gitomer, 600 Baltimore Ave., 
Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: April 12, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-9326 Filed 4-17-12; 8:45 am]
BILLING CODE 4915-01-P