[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68398-68399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27995]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35430]


Texas, Oklahoma & Eastern Railroad, LLC--Acquisition and 
Operation Exemption--Texas, Oklahoma & Eastern Railroad Company

    Texas, Oklahoma & Eastern Railroad, LLC (TOE), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from Texas, Oklahoma & Eastern Railroad Company and to operate 
approximately 40 miles of rail line between milepost 40.0 (the 
Oklahoma-Arkansas state border) and milepost 0.0 (Valliant, Okla.), 
including auxiliary, storage, and spur tracks, in McCurtain County, 
Okla.\1\
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    \1\ TOE states that it intends to interchange traffic (1) at the 
Arkansas-Oklahoma state border with its affiliate DeQueen and 
Eastern Railroad, LLC, and (2) at Valliant with BNSF Railway 
Company, Kiamichi Railroad Company, and Union Pacific Railroad 
Company.
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    This transaction is related to a transaction in which Patriot Rail, 
LLC and its subsidiaries entered into an asset purchase agreement on 
July 21, 2010, to acquire from Weyerhaeuser NR Company certain rail 
assets and the rail assets of five of its subsidiaries.
    This transaction is also related to six other transactions for 
which notices of exemption have been concurrently filed: Docket No. FD 
35425, Tennessee Southern Railroad Company, Patriot Rail, LLC, Patriot 
Rail Holdings LLC, and Patriot Rail Corp.--Continuance in Control 
Exemption--Columbia & Cowlitz Railway, LLC, DeQueen and Eastern 
Railroad, LLC, Golden Triangle Railroad, LLC, Mississippi & Skuna 
Valley Railroad, LLC, Patriot Woods Railroad, LLC, and Texas, Oklahoma 
& Eastern Railroad, LLC, in which Patriot Rail, LLC and its 
subsidiaries seek to continue in control of TOE in this proceeding and 
five other newly created noncarrier subsidiaries, upon the latter 
becoming Class III rail carriers in the following proceedings: (1) 
Docket No. FD 35426, Columbia & Cowlitz Railway, LLC--Acquisition and 
Operation Exemption--Columbia & Cowlitz Railway Company; (2) Docket No. 
FD 35427, DeQueen and Eastern Railroad, LLC--Acquisition and Operation 
Exemption--DeQueen and Eastern Railroad Company; (3) Docket No. FD 
35428, Golden Triangle Railroad LLC--Acquisition and Operation 
Exemption--Golden Triangle Railroad Company; (4) Docket No. FD 35429, 
Mississippi & Skuna Valley Railroad, LLC--Acquisition and Operation 
Exemption--Mississippi & Skuna Valley Railroad Company; and (5) Docket 
No. FD 35431, Patriot Woods Railroad, LLC--Acquisition and Operation 
Exemption--Weyerhaeuser NR Company, Weyerhaeuser Woods Railroad 
Operating Division.
    The parties intend to consummate the transaction on or after 
December 21, 2010.
    TOE certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier. Because TOE's projected annual revenues will exceed 
$5 million, TOE certified to the Board on October 20, 2010, that it had

[[Page 68399]]

complied with the requirements of 49 CFR 1150.32(e) on October 20, 
2010, by providing notice to employees and their labor unions on the 
affected line. Under 49 CFR 1150.32(e), this exemption cannot become 
effective until 60 days after the date notice was provided.
    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. Petitions to stay must be filed no later than December 10, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35430, 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 Louis E. Gitomer, 600 Baltimore Ave., Suite 
301, Towson, MD. 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 1, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27995 Filed 11-4-10; 8:45 am]
BILLING CODE 4915-01-P