[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12223-12224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4871]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35464]


Watco Holdings, Inc.--Continuance in Control Exemption--Autauga 
Northern Railroad, L.L.C.

    Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Autauga Northern Railroad, L.L.C. (ANRR), upon ANRR's becoming a Class 
III rail carrier.\1\
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    \1\ Watco indirectly owns 100% of the issued and outstanding 
stock of ANRR.
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    This transaction is related to a concurrently filed notice of 
exemption in Docket No. FD 35465, Autauga Northern Railroad, L.L.C.--
Lease and Operation Exemption--Norfolk Southern Railway Company. In 
that proceeding, ANRR seeks an exemption under 49 CFR 1150.31 to 
acquire by lease from Norfolk Southern Railway Company (NSR) and to 
operate approximately 43.62 miles of rail lines, located between: (1) 
Milepost MA 130.00, at Maplesville, Ala., and milepost MA 171.05, at 
Autauga Creek, Ala.; and (2) milepost MD 0.00 and milepost MD 2.57, at 
Autauga Creek. ANRR will also acquire from NSR approximately 10.08 
miles of incidental trackage rights over a rail line owned by CSX 
Transportation, Inc., extending between milepost 171.02, at Autauga 
Creek, and milepost 181.1, at Montgomery, Ala.
    The parties intend to consummate the transaction on or shortly 
after March 19, 2011 (the effective date of this notice).
    Watco currently controls 22 Class III rail carriers: South Kansas 
and Oklahoma Railroad Company, Inc.; Palouse River & Coulee City 
Railroad, L.L.C.; Timber Rock Railroad, L.L.C.; Stillwater Central 
Railroad, L.L.C.; Eastern Idaho Railroad, L.L.C.; Kansas & Oklahoma 
Railroad, L.L.C.; Pennsylvania Southwestern Railroad, L.L.C.; Great 
Northwest Railroad, L.L.C.; Kaw River Railroad, L.L.C.; Mission 
Mountain Railroad, L.L.C.; Mississippi Southern Railroad, L.L.C.; 
Yellowstone Valley Railroad, L.L.C.; Louisiana Southern Railroad, 
L.L.C.; Arkansas Southern Railroad, L.L.C.; Alabama Southern Railroad, 
L.L.C.; Vicksburg Southern Railroad, L.L.C.; Austin Western Railroad, 
L.L.C.; Baton Rouge Southern Railroad, L.L.C.; Pacific Sun Railroad 
L.L.C.; Grand Elk Railroad, Inc.; Alabama Warrior Railway, L.L.C.; and 
Boise Valley Railroad, L.L.C.
    Watco represents that: (1) The rail lines to be operated by ANRR do 
not connect with any other railroads in the Watco corporate family; (2) 
the transaction is not part of a series of anticipated transactions 
that would connect these rail lines with any other railroad in the 
Watco corporate family; and (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).
    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

[[Page 12224]]

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. Stay petitions must be filed no later than March 11, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35464, 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 Karl Morell, Ball Janik LLP, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 28, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-4871 Filed 3-3-11; 8:45 am]
BILLING CODE 4915-01-P