[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Page 16654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6986]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35456]


Austin Western Railroad, L.L.C.--Lease and Operation Exemption--
Capital Metropolitan Transportation Authority

    Austin Western Railroad, L.L.C. (AWRR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
and operate approximately 165.93 miles of rail lines owned by Capital 
Metropolitan Transportation Authority (CMTA). The lines are located (1) 
between milepost -1.13, at or near Giddings, Tex., and milepost 154.1, 
near Llano, Tex.; and (2) between milepost 0.0, near Fairland, Tex., 
and milepost 6.5, near Marble Falls, Tex. AWRR will also lease and 
operate over the Scobee Spur (3.3 miles) and the Burnett Spur (0.93 
miles). Except for the 1.13-mile segment between milepost -1.13 and 
milepost 0.0, which has been out of service, AWRR has been the 
exclusive freight operator over the lines to be leased since 2007, 
pursuant to an operating agreement. See Austin W. R.R.--Operation 
Exemption--Capital Metro. Transp. Auth., FD 35072 (STB served Sept. 14, 
2007).
    AWRR has certified that its projected annual revenues as a result 
of this transaction will not result in AWRR becoming a Class II or 
Class I rail carrier but that its projected annual revenue will exceed 
$5 million. Accordingly, AWRR is required, at least 60 days before an 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    On March 8, 2011, AWRR certified to the Board that, on March 4, 
2011, it posted notice of the transaction at the workplace of the 
employees on the affected lines, and on March 7, 2011, it served a copy 
of the notice on the national office of the potentially affected 
employees' labor union, as required under 49 CFR 1150.42(e), as well as 
on the union's local office. However, concurrently with its notice of 
exemption, AWRR filed a petition for waiver of the 60-day advance labor 
notice requirement under Sec.  1150.42(e), asserting that, because AWRR 
has been the freight operator over the involved lines, the transaction 
will not result in any operational or maintenance changes on the lines. 
AWRR's waiver request will be handled in a separate decision.
    AWRR states that it intends to consummate the transaction on the 
effective date of this exemption. The Board will establish in the 
decision on the waiver request the earliest this transaction may be 
consummated.
    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 
must be filed no later than March 31, 2011.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35456, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one 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 at our Web site at http://www.stb.dot.gov.

    Decided: March 21, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-6986 Filed 3-23-11; 8:45 am]
BILLING CODE 4915-01-P