Pursuant to a written joint facility agreement dated January 1, 2012, WFEC Railroad Company (WFECR) has agreed to grant limited nonexclusive overhead trackage rights to Kiamichi Railroad L.L.C. (KRR), over its entire line (the Line), between milepost 0.0 at Western Farmers Electric Cooperative, Inc.'s (Western Farmers) Hugo electric generating station and milepost 14.98, where WFECR connects to the line of the Texas, Oklahoma & Eastern Railroad Company, in Choctaw and McCurtain Counties, Okla.
The transaction is scheduled to be consummated on May 2, 2012, the effective date of the exemption (30 days after the exemption was filed).
The purpose of the transaction is to permit KRR to provide rail service between the Hugo electric generating station and other Western Farmers' facilities located on or adjacent to the Line, or which may locate on or adjacent to the Line in the future, and connections to the lines of KRR and other rail carriers.
This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void
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 carriers.
An original and 10 copies of all pleadings, referring to Docket No. FD
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By the Board, Rachel D. Campbell, Director, Office of Proceedings.