[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Page 18829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9851]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 32607 (Sub-No. 2)]
DeQueen & Eastern Railroad Company and Texas, Oklahoma & Eastern
Railroad Company--Trackage Rights Exemption--WFEC Railroad Company
WFEC Railroad Company (WFECR) has agreed to grant bridge trackage
rights to DeQueen & Eastern Railroad Company and Texas, Oklahoma &
Eastern Railroad Company (collectively TOE) over its entire line of
railroad in Choctaw and McCurtain Counties, OK.\1\
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\1\ TOE will conduct actual train operations over the WFECR line
to serve Western Farmers Electric Cooperative's generating station
(Western Farmers) and will have no authority to serve any other
shippers that might locate on the line. WFECR will retain the
authority and responsibility for serving any such shippers.
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The transaction is scheduled to be consummated on or after the
April 14, 1997 effective date of the exemption. The purpose of the
trackage rights is to increase the efficiency of the unit train rail
operation serving Western Farmers.
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 sections 11324
and 11325 that involve only Class III rail carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
This notice is filed under 49 CFR 1180.2(d)(7). If it 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 STB
Finance Docket No. 32607 (Sub-No. 2) must be filed with the Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, NW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on Donald G. Avery, Esq., Slover & Loftus, 1224
Seventeenth Street, NW., Washington, DC 20036.
Decided: April 10, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-9851 Filed 4-16-97; 8:45 am]
BILLING CODE 4915-00-P
