[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27856-27857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11443]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35619]


Tennessee Southern Railroad Company, Patriot Rail, LLC, Patriot 
Rail Holdings LLC, and Patriot Rail Corp.--Continuance in Control 
Exemption--Kingman Terminal Railroad, LLC

    Tennessee Southern Railroad Company (TSRR), Patriot Rail, LLC 
(PRL), and its subsidiaries Patriot Rail Holdings LLC (PRH) and Patriot 
Rail Corp. (Patriot) (collectively, the parties) have filed a verified 
notice of exemption under 49 CFR 180.2(d)(2) to continue in control of 
Kingman Terminal Railroad, LLC (KTRR) upon KTRR's becoming a Class III 
rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Kingman Terminal Railroad, LLC--Operation Exemption--
Kingman Airport Authority, Inc., Docket No. FD 35618, wherein KTRR 
seeks Board approval to operate over approximately 3 miles of track 
within the Kingman Airport & Industrial Park, in Mohave County, Ariz.
    The parties intend to consummate the transaction on or after May 
27, 2012, the effective date of the exemption (30 days after the notice 
of exemption was filed).
    TSRR is a rail carrier. PRL, PRH, and Patriot are noncarriers that 
control the following 13 Class III rail carriers: TSRR; Rarus Railway 
Company; Utah Central Railway Company, Sacramento Valley Railroad, 
Inc.; The Louisiana and North West Railroad Company LLC;

[[Page 27857]]

Temple & Central Texas Railway, Inc.; Piedmont & Northern Railway, 
Inc.; Columbia & Cowlitz Railway, LLC; DeQueen and Eastern Railroad, 
LLC; Golden Triangle Railroad, LLC; Patriot Woods Railroad, LLC; Texas, 
Oklahoma & Eastern Railroad, LLC; and Mississippi & Skuna Valley 
Railroad, LLC.
    The parties represent that: (1) The rail line to be operated by 
KTRR will not connect with any of the subsidiary railroads of TSRR, 
PRL, PRH, and Patriot; (2) the continuance in control of KTRR is not 
intended to connect with any railroads in the corporate family of TSRR, 
PRL, PRH, and Patriot; (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).
    The parties state that the purpose of the proposed transaction is 
to enable PRL, PRH, and Patriot to use their management's experience 
and expertise in operating short line railroads and their financial 
resources to provide efficient and effective rail freight service to 
the Kingman Airport & Industrial Park and to create a financially 
viable railroad in KTRR.
    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.
    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 May 18, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35619, 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, Law Offices of Louis E. 
Gitomer LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: May 8, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-11443 Filed 5-10-12; 8:45 am]
BILLING CODE 4915-01-P