Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Notices 27857

Temple & Central Railway, Inc.; By the Board, Rachel D. Campbell, labor unions on the affected 25.50 miles Piedmont & Northern Railway, Inc.; Director, Office of Proceedings. of rail line. Under 49 CFR 1150.32(e), Columbia & Cowlitz Railway, LLC; Raina S. White, this exemption cannot become effective DeQueen and Eastern Railroad, LLC; Clearance Clerk. until 60 days after the date notice was Golden Triangle Railroad, LLC; Patriot [FR Doc. 2012–11443 Filed 5–10–12; 8:45 am] provided, which would be June 29, Woods Railroad, LLC; Texas, BILLING CODE 4915–01–P 2012. & Eastern Railroad, LLC; and If the verified notice contains false or Mississippi & Skuna Valley Railroad, misleading information, the exemption LLC. DEPARTMENT OF TRANSPORTATION is void ab initio. Petitions to revoke the The parties represent that: (1) The rail exemption under 49 U.S.C. 10502(d) line to be operated by KTRR will not Surface Transportation Board may be filed at any time. The filing of connect with any of the subsidiary [Docket No. FD 35620] a petition to revoke will not railroads of TSRR, PRL, PRH, and automatically stay the effectiveness of Patriot; (2) the continuance in control of Columbus & Chattahoochee Railroad, the exemption. Petitions for stay must KTRR is not intended to connect with Inc.—Lease and Operation be filed no later than June 22, 2012 (at any railroads in the corporate family of Exemption—Norfolk Southern Railway least 7 days before the exemption TSRR, PRL, PRH, and Patriot; (3) the Company becomes effective). transaction does not involve a Class I An original and 10 copies of all rail carrier. Therefore, the transaction is Columbus & Chattahoochee Railroad, Inc. (CCR), a noncarrier, has filed a pleadings, referring to Docket No. FD exempt from the prior approval 35620, must be filed with the Surface requirements of 49 U.S.C. 11323. See 49 verified notice of exemption under 49 CFR 1150.31 to lease from Norfolk Transportation Board, 395 E Street SW., CFR 1180.2(d)(2). , DC 20423–0001. In The parties state that the purpose of Southern Railway Company (NSR) and operate 25.50 miles of rail line addition, a copy of each pleading must the proposed transaction is to enable be served on Eric M. Hocky, Thorp Reed PRL, PRH, and Patriot to use their consisting of two segments: (1) Between milepost S 292.8 near Girard, Ala., and & Armstrong, LLP, One Commerce management’s experience and expertise Square, 2005 Market Street, Suite 1000, in operating short line railroads and milepost S 303.9 near Nuckols, Ala., a distance of 11.10 miles; and (2) between Philadelphia, PA 19103. their financial resources to provide Board decisions and notices are efficient and effective rail freight service milepost NU 0 near Nuckols and milepost NU 14.4 near Mahrt, Ala., a available on our Web site at to the Kingman Airport & Industrial www.stb.dot.gov. Park and to create a financially viable distance of 14.40 miles (collectively, the railroad in KTRR. line). This transaction is related to a Decided: May 8, 2012. Under 49 U.S.C. 10502(g), the Board concurrently filed petition for By the Board, Rachel D. Campbell, may not use its exemption authority to exemption in Genesee & Director, Office of Proceedings. relieve a rail carrier of its statutory Inc.—Continuance in Control Derrick A. Gardner, obligation to protect the interests of its Exemption—Columbus & Clearance Clerk. employees. Section 11326(c), however, Chattahoochee Railroad, Inc., Docket [FR Doc. 2012–11411 Filed 5–10–12; 8:45 am] does not provide for labor protection for No. FD 35621, in which Genesee & BILLING CODE 4915–01–P transactions under 11324 and 11325 Wyoming Inc. (GWI), a noncarrier, seeks that involve only Class III rail carriers. Board approval to continue in control of Accordingly, the Board may not impose CCR upon CCR’s becoming a Class III DEPARTMENT OF TRANSPORTATION labor protective conditions here, carrier. because all of the carriers involved are As a result of this transaction, and Surface Transportation Board Class III carriers. pursuant to a lease agreement dated If the verified notice contains false or April 26, 2012, CCR will provide freight [Docket No. FD 35618] misleading information, the exemption rail service over the line, connecting Kingman Terminal Railroad, LLC— is void ab initio. Petitions to revoke the with and interchanging traffic with NSR Operation Exemption—Kingman exemption under 49 U.S.C. 10502(d) at NSR’s Columbus Yard in Columbus, Airport Authority, Inc. may be filed at any time. The filing of Ga. The line will connect indirectly a petition to revoke will not with Georgia Southwestern Railroad, Kingman Terminal Railroad, LLC automatically stay the effectiveness of Inc. (GSWR), a Class III carrier also (KTRR), a noncarrier, has filed a verified the exemption. Petitions to stay must be controlled by GWI, at Columbus Yard. notice of exemption under 49 CFR filed no later than May 18, 2012 (at least CCR states that there are no interchange 1150.31 to operate over approximately 3 7 days before the exemption becomes commitments to NSR as part of this miles of track 1 within the Kingman effective). transaction. Airport & Industrial Park, in Mohave An original and 10 copies of all CCR states that it plans to commence County, Ariz. (the Line).2 According to pleadings, referring to Docket No. FD operations on July 1, 2012, more than 30 KTRR, the Line has been operated as 35619, must be filed with the Surface days after the filing of the notice of excepted track by BNSF Railway Transportation Board, 395 E Street SW., exemption. Company (BNSF). KTRR states that Washington, DC 20423–0001. In CCR certifies that its projected annual BNSF is voluntarily terminating its addition, a copy of each pleading must revenues as a result of this transaction switching operation on the Line. KTRR be served on Louis E. Gitomer, Law will not exceed those that would qualify Offices of Louis E. Gitomer LLC, 600 it as a Class III rail carrier. Because 1 KTRR states that there are no mileposts on the Baltimore Avenue, Suite 301, Towson, CCR’s projected annual revenues after Line. MD 21204. the transaction will exceed $5 million, 2 KTRR has filed a copy of the Railroad Lease and Board decisions and notices are CCR certified to the Board on April 30, Operating Agreement that KTRR has entered into available on our Web site at 2012, that it had complied with the with the Kingman Airport Authority, Inc., a www.stb.dot.gov. noncarrier. See Anthony Macrie—Continuance in requirements of 49 CFR 1150.32(e) by Control Exemption—N.J. Seashore Lines, Inc., FD Decided: May 8, 2012. providing notice to employees and their 35296, slip op. at 3–4 (STB served Aug. 31, 2010).

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