[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51410-51411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17139]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34714]


Arkansas Midland Railroad Company, Inc.--Lease and Operation 
Exemption--Union Pacific Railroad Company

    Arkansas Midland Railroad Company, Inc. (AKMD),\1\ a Class III rail 
carrier, has

[[Page 51411]]

filed a verified notice of exemption under 49 CFR 1150.41, et seq., to 
lease from Union Pacific Railroad Company (UP), and operate, UP's: (1) 
Cypress Bend Industrial Lead, between milepost 407.5 at McGehee, AR, 
and milepost 399.7 at Cypress Bend, AR; and (2) Potlatch Spur, between 
milepost 0.0 (milepost 399.7 on the Cypress Bend Industrial Lead), and 
approximately milepost 3.4 at the connection with the industrial 
trackage of Potlatch Corporation's Cypress Bend Mill, near Arkansas 
City, AR (Cypress Bend Line), a total distance of approximately 11.2 
miles.
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    \1\ AKMD is a wholly owned subsidiary of Pinsly Railroad 
Company, a noncarrier holding company which also controls four other 
Class III rail carriers in Florida and Massachusetts. See Pinsly 
Railroad Company--Continuance in Control Exemption--Arkansas Midland 
Railroad Company Inc., Finance Docket No. 32001 (ICC served Mar. 6, 
1992).
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    AKMD will also lease the yard at the east end of the Potlatch Spur 
and, except for yard tracks 001 and 002, the remainder of McGehee Yard 
that it does not already lease. Further, AKMD will obtain restated 
incidental bridge trackage rights over UP's rail line between milepost 
406.5 at McGehee and milepost 415.26 at Dermott, AR, to allow the 
movement of through traffic between the Cypress Bend Line/McGehee Yard 
and the Warren Line (a UP line between Dermott, AR, that AKMD leased in 
2004), a distance of approximately 8.76 miles.\2\
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    \2\ AKMD indicates that it expects to execute an agreement 
shortly with UP to provide for AKMD's lease of the Cypress Bend 
Line.
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    AKMD certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier. Because AKMD's projected annual revenues will exceed $5 
million, AKMD has certified to the Board on June 9, 2005, that the 
required notice of the transaction was posted at the workplace of the 
employees on the affected line on June 3, 2005, and was sent to the 
national offices of the labor unions representing employees on the 
line. See 49 CFR 1150.42(e).
    The transaction was scheduled to be consummated on or shortly after 
August 8, 2005.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34714, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on William C. Sippel, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17139 Filed 8-29-05; 8:45 am]
BILLING CODE 4915-01-P