Federal Register, Volume 76 Issue 47 (Thursday, March 10, 2011)

[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13271-13272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5357]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35474]


DeQueen and Eastern Railroad, LLC--Corporate Family Transaction 
Exemption--Texas, Oklahoma & Eastern Railroad, LLC

    DeQueen and Eastern Railroad, LLC (DQ&E) and Texas, Oklahoma & 
Eastern Railroad, LLC (TOE), have filed a verified notice of exemption 
under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. 
DQ&E seeks to lease and operate all of TOE's lines of railroads, 
consisting of approximately 40 miles of rail line between milepost 40.0 
(the Oklahoma-Arkansas border) and milepost 0.0 (Valliant, Okla.), 
including auxiliary, storage, and spur tracks, in McCurtain County, 
Okla. DQ&E and TOE are Class III rail carriers and are wholly owned 
subsidiaries of Tennessee Southern Railroad Company (TSRR).\1\ The 
transaction is intended to result in more efficient and lower cost 
operations.
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    \1\ See Tenn. S. R.R--Continuance in Control Exemption--Columbia 
& Cowlitz Ry. Docket No. FD 35425 (served Nov. 12, 2010). Patriot 
Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp. 
indirectly control DQ&E and TOE through TSRR.
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    The exemption will be effective on March 24, 2011.
    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). The 
parties state that the transaction will not result in adverse changes 
in service levels, significant operational changes, or changes in the 
competitive balance with carriers outside the corporate family.
    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 rail carriers.
    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. Petitions for stay 
will be due no later than March 17, 2011 (at least 7 days before the 
effective date of the exemption).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35474 must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading

[[Page 13272]]

must be served on applicants' representative, Louis E. Gitomer, 600 
Baltimore Ave., Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://WWW.STB.DOT.GOV.

    Decided: March 4, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-5357 Filed 3-9-11; 8:45 am]
BILLING CODE 4915-01-P