13268 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 

be used to identify potential research for 

an annual Research Plan. 

The number of stakeholders with an 

interest in environment and planning 

research includes three groups: 

I—Federal Agencies and Tribal 

Governments 

II—State and Local Governments 

III—Nongovernmental Transportation 

and Environmental Stakeholders 

Respondents: An estimated 270 

participants annually for a total of 

approximately 810 participants during 

the three-year period while the OMB 

clearance is in effect. 

Frequency: Annually. 

Estimated Average Burden per 

Response: 30 minutes each year. Due to 

the specialized nature of the 18 

emphasis areas, most commenters will 

provide input in only one area. 

Estimated Total Annual Burden 

Hours: Approximately 135 hours 

annually (405 hours total for the threeyear period). 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

Issued on: March 2, 2011. 

Juli Huynh, 

Chief, Management Programs and Analysis 

Division. 

[FR Doc. 2011–5425 Filed 3–9–11; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

FY 2011 Discretionary Funding 

Opportunity: Paul S. Sarbanes Transit 

in Parks Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of availability: 

solicitation of project proposals. 

SUMMARY: The Federal Transit 

Administration (FTA) announces the 

upcoming availability of Fiscal Year 

(FY) 2011 Paul S. Sarbanes Transit in 

Parks Program (Transit in Parks 

Program) discretionary funds. This 

notice solicits proposals to compete for 

FY 2011 funds under the program, 

which was established by Section 3021 

of SAFETEA–LU, as amended (49 U.S.C. 

5320). The amount of funding available 

will be determined by Congressional 

appropriation prior to the selection of 

awardees, and based on the timing of 

such funding becoming available, may 

also include funding for Fiscal Year 

2012. The program is administered by 

FTA in partnership with the Department 

of the Interior (DOI) and the U.S. 

Department of Agriculture’s Forest 

Service. 

The program funds capital and 

planning expenses for alternative 

transportation systems such as buses, 

trams and non-motorized trails in 

federally-managed parks and public 

lands. Federal land management 

agencies, as well as State, tribal and 

local governments acting with the 

consent of a Federal land management 

agency are eligible to apply. DOI, after 

consultation with and in cooperation 

with FTA, will determine the final 

selection and funding of projects. 

Geographic diversity will be considered 

when allocating funds. 

This announcement is available on 

the FTA Web site at: http:// 

www.fta.dot.gov. FTA will announce 

final selections on the Web site and in 

the Federal Register. A synopsis of this 

funding opportunity will be posted in 

the FIND module of the governmentwide electronic grants Web site at 

http://www.grants.gov. 

DATES: Complete proposals must be 

received by 12 midnight EST on May 9, 

2011. 

ADDRESSES: Project proposals must be 

submitted electronically through the 

GRANTS.GOV Web site and applicants 

must be properly registered. Anyone 

intending to apply electronically 

through GRANTS.GOV should initiate 

the process of registering on the 

GRANTS.GOV site immediately to 

ensure completion of registration before 

the deadline for submission. 

GRANTS.GOV applicants should 

receive two confirmation e-mails. The 

first will confirm that the application 

was received and a subsequent e-mail 

will be sent within 24–48 hours 

indicating whether the application was 

validated or rejected by the system. If 

interested parties experience difficulties 

at any point during the registration or 

application process, please call the 

GRANTS.GOV Customer Support 

Hotline at 1–800–518–4726, Monday– 

Friday from 7 a.m. to 9 p.m. EST. The 

required electronic project proposal 

template as well as guidance on 

completing a proposal template can also 

be found on GRANTS.GOV and on the 

program Web site at http:// 

www.fta.dot.gov/funding/grants/ 

grants_financing_6106.html. 

FOR FURTHER INFORMATION CONTACT: 

Contact the appropriate FTA Regional 

Administrator (Appendix A) for 

proposal-specific information or the 

appropriate land management agency 

(Appendix B) for the Paul S. Sarbanes 

Transit in Parks Program. For general 

program information, contact Adam 

Schildge, Paul S. Sarbanes Transit in 

Parks Program, (202) 366–0778, 

Adam.Schildge@dot.gov. A TDD is 

available at 1–800–877–8339 (TDD/ 

FIRS). For technical assistance or 

general inquiries regarding alternative 

transportation in federal lands, contact 

the Transit in Parks Technical 

Assistance Center at http:// 

www.triptac.org, (877) 704–5292, or 

helpdesk@triptac.org. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Paul S. Sarbanes Transit in Parks Program 

I. Overview 

II. Program Purpose 

III. Program Information 

1. Eligible Applicants 

2. Eligible Projects 

3. Financial Limitations and Cost Sharing 

4. Application Content 

5. Evaluation Criteria 

IV. Technical Assistance and Other Program 

Information 

Appendix A—FTA Regional Offices 

Appendix B—Land Management Agency 

Contacts 

I. Overview 

Section 3021 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act—A Legacy for Users of 2005 

(SAFETEA–LU), as amended, 

established the Paul S. Sarbanes Transit 

in Parks Program (Transit in Parks 

Program) (49 U.S.C. 5320). The program 

is administered by the Federal Transit 

Administration (FTA) in partnership 

with the Department of the Interior 

(DOI) and the U.S. Department of 

Agriculture’s Forest Service. 

Congestion in and around parks and 

public lands causes traffic delays and 

noise and air pollution that 

substantially detract from the visitor’s 

experience and the protection of natural 

resources. In August 2001, the 

Department of Transportation (DOT) 

and DOI published a comprehensive 

study of alternative transportation needs 

in national parks and related Federal 

lands. The study identified significant 

alternative transportation needs at sites 

managed by the National Park Service, 

the Bureau of Land Management, and 

the U.S. Fish and Wildlife Service. 

Additionally, a supplement to this 

report identified Forest Service sites 

that would benefit from such services. 

II. Program Purpose 

The purpose of the program is to 

provide for the planning and capital 

costs of alternative transportation 

systems that will enhance the protection 

of national parks and Federal lands; 

increase the enjoyment of visitors’ 

experience by conserving natural, 

historical, and cultural resources; 

reduce congestion and pollution; 

improve visitor mobility and 

accessibility; enhance visitor 


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experience; and ensure access to all, 

including persons with disabilities. 

III. Program Information 

1. Eligible Applicants 

Eligible applicants are Federal land 

management agencies that manage an 

eligible area, including but not limited 

to the National Park Service, the Fish 

and Wildlife Service, the Bureau of 

Land Management, the Forest Service, 

and the Bureau of Reclamation; and 

State, tribal and local governments with 

jurisdiction over land in the vicinity of 

an eligible area, acting with the consent 

of a Federal land management agency, 

alone or in partnership with a Federal 

land management agency or other 

governmental or non-governmental 

participant. Note: If the applicant is a 

State, tribal, or local government, a 

letter from the affected unit(s) of the 

Federal land management agency or 

agencies expressing support for the 

project must be submitted with the 

project proposal in order to indicate 

consent. Applications without support 

letters from the relevant Federal land 

management agency or agencies unit(s) 

will be deemed ineligible. Non-profit 

organizations are not eligible for this 

program, but they may partner with an 

eligible applicant as defined above. 

2. Eligible Projects 

SAFETEA–LU defines alternative 

transportation as ‘‘transportation by bus, 

rail, or any other publicly or privately 

owned conveyance that provides to the 

public general or special service on a 

regular basis, including sightseeing 

service. This also includes a nonmotorized transportation system 

(including the provision of facilities for 

pedestrians, bicycles, and nonmotorized watercraft).’’ 

The program funds capital and 

planning expenses for alternative 

transportation systems such as buses, 

trams and non-motorized systems in, 

and in the vicinity of, federallymanaged parks and public lands. A 

qualified planning or capital project 

must be within the vicinity of a 

Federally-owned or managed park, 

refuge, or recreational area open to the 

general public and meet the goals of the 

program. Operating expenses are not 

eligible under the program. A project 

proposal may include in its budget up 

to 15 percent for project administration, 

contingency, and oversight. As specified 

in 49 U.S.C. § 5320(b)(5), the following 

types of projects are eligible: 

a. Planning 

Activities to comply with 

metropolitan and statewide planning 

provisions (49 U.S.C. 5320(b)(5)(A) 

referencing 49 U.S.C. 5303, 5304, 5305). 

Activities include planning studies for 

an alternative transportation system 

including evaluation of no-build and all 

other reasonable alternatives, traffic 

studies, visitor utilization studies, 

transportation analysis, feasibility 

studies, and environmental studies. 

b. Capital 

Eligible capital projects include all 

aspects of ‘‘acquiring, constructing, 

supervising, or inspecting equipment or 

a facility for use in public 

transportation, expenses incidental to 

the acquisition or construction 

(including designing, engineering, 

location surveying, mapping, and 

acquiring rights-of-way), payments for 

the capital portions of rail trackage 

rights agreements, transit-related 

intelligent transportation systems, 

relocation assistance, acquiring 

replacement housing sites, and 

acquiring, constructing, relocating, and 

rehabilitating replacement housing.’’ 

Capital projects may include those 

projects operated by an outside entity, 

such as a public transportation agency, 

state or local government, private 

company engaged in public 

transportation, or private non-profit 

organization; and 

Projects may also include the 

deployment/commercialization of 

alternative transportation vehicles that 

introduce innovative technologies or 

methods. 

The capital cost of leasing vehicles is 

an eligible expense under the program. 

For vehicle acquisition projects, 

sponsors should compare the costeffectiveness of leasing versus 

purchasing vehicles. Leasing may be 

particularly cost effective in 

circumstances in which transit service 

is only needed during a peak visitation 

period that lasts only a few months. In 

these cases, leasing a vehicle for a few 

months during the year may be less 

expensive than purchasing a vehicle 

only used for a few months during the 

year. An award can cover the capital 

cost of leasing vehicles but not the cost 

of operations, such as fuel or driver’s 

salary. 

Project sponsors should also compare 

the cost effectiveness of providing 

service versus contracting for service. 

The capital portion of contracted service 

is an eligible capital expense under the 

program. For example, if a public land 

agency contracts with a private bus 

company to provide shuttle service with 

privately owned buses, the portion of 

the contract that covers the capital 

expense of the buses is an eligible 

expense under the Transit in Parks 

Program. Operating expenses are not 

eligible under the program. Project 

sponsors will be asked to compare the 

cost-effectiveness of their preferred 

option to other alternatives in the 

financial sustainability portion of the 

proposal. 

c. ‘‘Fixed Guideway’’ and Bus Projects 

The SAFETEA–LU legislation 

includes language allowing eligibility of 

‘‘fixed guideway’’ projects. These are 

defined as those transportation projects 

that run on a dedicated right of way, 

like a light rail, trolley, bus rapid transit, 

or any type of ferry system. For these 

types of projects, eligible projects can 

include development of a new fixed 

guideway project; rehabilitation or 

modernization of existing fixed 

guideway systems; and expansion of 

existing systems. For bus or shuttle 

projects, eligible projects can include 

purchase of buses and related 

equipment; replacement of buses and 

related equipment; rehabilitation of 

buses and related equipment; 

construction of bus-related facilities 

such as bus shelters; and purchase of 

rolling stock that incorporates clean fuel 

technology or the replacement of buses 

of a type in use on August 10, 2005, 

with clean fuel vehicles. 

d. Other Eligible Projects 

The Transit in Parks Program 

specifically includes these other eligible 

capital projects: 

(1) The capital costs of coordinating 

Federal land management agency public 

transportation systems with other public 

transportation systems. 

(2) Non-motorized transportation 

systems (including the provision of 

facilities for pedestrians, bicycles and 

non-motorized watercraft). 

(3) Water-borne access systems within 

or in the vicinity of an eligible area as 

appropriate and consistent with 49 

U.S.C. 5320. 

(4) Any other alternative 

transportation project that enhances the 

environment; prevents or mitigates an 

adverse impact on a natural resource; 

improves Federal land management 

agency resource management; improves 

visitor mobility and accessibility and 

the visitor experience; reduces 

congestion and pollution (including 

noise pollution and visual pollution); or 

conserves a natural, historical, or 

cultural resource (excluding 

rehabilitation or restoration of a nontransportation facility). This includes 

the enhancement or extension of 

qualifying alternative transportation 

systems, including the development of 

related intelligent transportation 

systems (ITS). 


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13270 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 

In order to be considered for funding 

a project must consist of one or more of 

the eligible activities listed above, meet 

the definition of alternative 

transportation, and contribute to the 

goals of the program. Technical 

assistance relating to planning and 

implementing alternative transportation 

systems is available from the Paul S. 

Sarbanes Transit in Parks Technical 

Assistance Center, http:// 

www.triptac.org. 

3. Financial Limitations and Cost 

Sharing 

No one project may receive more than 

25 percent of the available funds. 

Additionally, projects selected for 

funding under the Paul S. Sarbanes 

Transit in the Parks Program can be 

funded at up to 100 percent Federal 

share. 

4. Application Content 

The required electronic project 

proposal template as well as guidance 

on completing a proposal template can 

be found on GRANTS.GOV and on the 

program Web site at http:// 

www.fta.dot.gov/funding/grants/ 

grants_financing_6106.html. 

Applications should not exceed 10 

pages (excluding the standard form 424, 

letters of support and/or supporting 

graphics) and use 12 pt. font. 

Applications exceeding this length may 

not be reviewed. 

5. Evaluation Criteria 

Proposed capital projects will be 

evaluated based on the following 

criteria: 

a. Demonstration of Need 

(1) Visitor mobility and experience 

current or anticipated problem; and 

(2) Environmental current or 

anticipated problem. 

b. Visitor Mobility and Experience 

Benefits of Project 

(1) Reduced traffic congestion; 

(2) Enhanced visitor mobility, 

accessibility, and safety; and 

(3) Improved visitor education, 

recreation, and health benefits. 

c. Environmental Benefits of Project 

(1) Protection of sensitive natural, 

cultural, and historic resources; and 

(2) Reduced pollution (air, noise, 

visual). 

d. Financial Sustainability and 

Operational Efficiency 

(1) Effectiveness in meeting 

management goals; 

(2) Realistic financial plan; 

(3) Cost effectiveness; and 

(4) Partnering, funding from other 

sources, innovative financing. 

Proposed planning projects will be 

evaluated based on the following 

criteria: 

a. Demonstration of Need 

(1) Visitor mobility and experience 

current or anticipated problem; and 

(2) Environmental current or 

anticipated problem. 

b. Methodology for Assessing Visitor 

Mobility and Experience Benefits of 

Project 

(1) Reduced traffic congestion; 

(2) Enhanced visitor mobility, 

accessibility, and safety; and 

(3) Improved visitor education, 

recreation, and health benefits. 

c. Methodology for Assessing 

Environmental Benefits of Project 

(1) Protection of sensitive natural, 

cultural, and historical resources; and 

(2) Reduced pollution (air, noise, 

visual). 

d. Methodology for Assessing 

Operational Efficiency and Financial 

Sustainability of Alternatives 

(1) Effectiveness in meeting 

management goals; 

(2) Realistic financial plan; 

(3) Cost effectiveness; and 

(4) Partnering, funding from other 

sources. 

A special note on non-motorized 

transportation systems: While nonmotorized systems, such as trails, are 

eligible under the program, not all nonmotorized systems will meet the goals of 

the program needed to be considered for 

funding. Like motorized systems, in 

order to be considered for funding, nonmotorized systems must reduce or 

mitigate the number of auto trips by 

providing an alternative to travel by 

private auto. In addition, non-motorized 

systems must provide a high degree of 

connectivity within a transportation 

system. Finally, they should improve 

safety for motorized and non-motorized 

transportation system users. 

IV. Technical Assistance and Other 

Program Information 

Complete applications must be 

submitted via GRANTS.GOV by May 9, 

2011. Frequently asked questions and 

other program information are available 

at http://www.fta.dot.gov/atppl. Projects 

selected for funding will be required to 

report quarterly and submit 

performance data to the appropriate 

agency. Detailed information on 

reporting will be included in the 

Federal Register notice announcing 

projects selected for funding. Technical 

assistance regarding the program is 

available by contacting Adam Schildge, 

Federal Transit Administration, (202) 

366–0778, adam.schildge@dot.gov or 

the appropriate Federal Land 

Management Agency contact (see 

Appendix C). For technical assistance or 

general inquiries regarding alternative 

transportation in federal lands, please 

contact the Transit in Parks Technical 

Assistance Center at http:// 

www.triptac.org, (877) 704–5292, or 

helpdesk@triptac.org. 

Peter Rogoff, 

Administrator. 

APPENDIX A—FTA REGIONAL AND METROPOLITAN OFFICES

MaryBeth Mello, Regional Administrator, Region 1—Boston, Kendall 

Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. 

617–494–2055. 

Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 

Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 

States served: Connecticut, Maine, Massachusetts, New Hampshire, 

Rhode Island, and Vermont. 

States served: Arkansas, Louisiana, Oklahoma, New Mexico and 

Texas. 

Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, 

One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 

212–668–2170. 

Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, 

901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 

329–3920. 

States served: New Jersey, New York. New York Metropolitan Office, 

Region 2—New York, One Bowling Green, Room 428, New York, 

NY 10004–1415, Tel. 212–668–2202. 

States served: Iowa, Kansas, Missouri, and Nebraska. 

Letitia Thompson, Regional Administrator, Region 3—Philadelphia, 

1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 

215–656–7100. 

Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 

West Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720– 

963–3300. 

States served: Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and District of Columbia. States served: Colorado, Montana, North Dakota, South Dakota, Utah, 

and, Wyoming. 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 13271 

1See 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. 

APPENDIX A—FTA REGIONAL AND METROPOLITAN OFFICES—Continued 

Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market 

Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. 

Washington, DC Metropolitan Office, 1990 K Street, NW., Room 510, 

Washington, DC 20006, Tel. 202–219–3562. 

Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 

Peachtreet Street, NW., Suite 800, Atlanta, GA 30303, Tel. 404– 

865–5600. 

Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, 

201 Mission Street, Room 1650, San Francisco, CA 94105–1926, 

Tel. 415–744–3133. 

States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North 

Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Islands. 

States served: American Samoa, Arizona, California, Guam, Hawaii, 

Nevada, and the Northern Mariana Islands. 

Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. 

Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 

213–202–3952. 

Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West 

Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. 

States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 

Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson 

Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 

98174–1002, Tel. 206–220–7954. 

States served: Alaska, Idaho, Oregon, and Washington. 

Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams 

Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. 

Appendix B—Federal Land 

Management Agencies Transit in Parks 

Program Contacts 

• National Park Service: Mark H. 

Hartsoe, Mark_H_Hartsoe@nps.gov; 

telephone: 202–513–7025, fax: 202– 

371–6675, mail: 1849 C Street, NW. 

(MS2420); Washington, DC 20240–0001. 

• Fish and Wildlife Service: Nathan 

Caldwell, e-mail to: Nathan_Caldwell@

fws.gov, telephone: 703–358–2205, fax: 

703–358–2517, mail: 4401 N. Fairfax 

Drive, Room 634; Arlington, VA 22203. 

• Forest Service: Ed James, 

ejames@fs.fed.us, telephone: 703–605– 

4616, mail: 1621 N Kent Street, Room 

900, Arlington, VA 22209. 

• Bureau of Land Management: Victor 

F. Montoya, Victor_Montoya@blm.gov, 

telephone: 202–912–7041, mail: 1620 L 

Street, WO–854, Washington, DC 20036. 

[FR Doc. 2011–5427 Filed 3–9–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35414] 

Gulf & Ohio Railways, Inc., H. Peter 

Claussen and Linda C. Claussen— 

Continuance in Control Exemption— 

Lancaster & Chester Railroad, LLC 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Correction to notice of 

exemption. 

On October 15, 2010, notice of the 

above exemption was served and 

published in the Federal Register (75 

FR 63,533). The exemption became 

effective on October 31, 2010. On 

February 16, 2011, a correction was 

filed with the Board advising that the 

parent company, which was 

inadvertently referred to in the 

continuance in control filing as ‘‘Gulf & 

Ohio Railways Holding Co., Inc.’’ should 

have been referred to as ‘‘Gulf & Ohio 

Railways, Inc.’’ This notice corrects the 

name of the parent company. All other 

information in the notice is correct. 

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. 2011–5339 Filed 3–9–11; 8:45 am] 

BILLING CODE 4915–01–P 

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. 

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 §§ 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 


jdjones on DSK8KYBLC1PROD with NOTICES