[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Page 25313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10793]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35373]


Stillwater Central Railroad, Inc.--Trackage Rights Exemption--
Wichita, Tillman and Jackson Railway Company, Inc., and Hollis & 
Eastern Railroad Company

    Pursuant to a written trackage rights agreement (Trackage 
Agreement) dated January 22, 1992, Wichita, Tillman & Jackson Railway 
Co. (WTJ) granted approximately 4.6 miles of restricted overhead 
trackage rights to Hollis & Eastern Railroad Company (H&E), extending 
between milepost 74.0 at Altus, Okla., and the end of the line at 
milepost 78.6 near Altus.\1\ Now, pursuant to the Trackage Agreement 
and a First Supplement,\2\ H&E has agreed to assign the restricted 
overhead trackage rights to Stillwater Central Railroad, Inc. (SLWC), 
over the same trackage, including the wye track connecting to SLWC and 
all interchange tracks connecting with BNSF Railway Company (BNSF) and 
Farmrail Corporation (FMRC). The assignment is being made pursuant to 
an Assignment Assumption Agreement and a Lease and Transportation 
Services Agreement between H&E and SLWC.
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    \1\ The line is owned by the State of Oklahoma and is leased, 
operated, and maintained by WTJ. H&E acquired the authority in 
Hollis & Eastern Railroad Company--Trackage Rights Exemption--
Wichita, Tillman & Jackson Railway Co., Docket No. FD 32147 (ICC 
served Sept. 21, 1992).
    \2\ The parties indicate that the first supplement is awaiting 
approval from the State.
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    The transaction is scheduled to be consummated on May 21, 2010, the 
effective date of the exemption (30 days after the exemption is filed). 
The purpose of the assigned trackage rights is to enable SLWC to 
interchange traffic originating or terminating on a line SLWC leases 
between Duke, Okla., and Altus with BNSF and FMRC.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 360 I.C.C. 653 (1980), and any 
employees affected by the discontinuance of those trackage rights will 
be protected by the conditions set out in Oregon Short Line Railroad 
and The Union Pacific Railroad--Abandonment Portion Goshen Branch 
Between Firth and Ammon, in Bingham and Bonneville Counties, Idaho, 360 
I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 USC 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 by May 14, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35373, 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, Suite 225, 1455 F Street, NW., 
Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 3, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-10793 Filed 5-6-10; 8:45 am]
BILLING CODE 4915-01-P