[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Page 69896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24314]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36061]


Arkansas Southern Railroad, L.L.C.--Lease Exemption Containing 
Interchange Commitment--The Kansas City Southern Railway Company

    Arkansas Southern Railroad, L.L.C. (ARS), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
continue to lease and operate from The Kansas City Southern Railway 
Company (KCS) approximately 61 miles of rail lines in Arkansas and 
Oklahoma.\1\ The rail lines are located between milepost 4.0 near 
Heavener, Okla., and milepost 33.0 at Waldron, Ark., and between 
milepost 32.0 at Ashdown, Ark., and milepost 0.0 at Nashville, Ark., 
not including the 601 track switch at Ashdown, Ark.
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    \1\ Pursuant to 49 CFR 1150.43(h)(1), ARS filed a confidential, 
complete version of the lease agreement to be kept confidential by 
the Board without need for the filing of an accompanying motion for 
protective order.
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    ARS states that it entered into lease agreements with KCS in 
2005.\2\ ARS recently entered into two amended and restated lease 
agreements, which, among other things, extend the term of the lease to 
August 30, 2026. As required by 49 CFR 1150.43(h)(1), ARS has disclosed 
in its verified notice that the amended lease agreements contain an 
interchange agreement that affects the interchange point at Nashville, 
Ark. In addition, ARS has provided additional information regarding the 
interchange commitment as required by 49 CFR 1150.43(h). ARS states 
that it will continue to be the operator of the lines.
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    \2\ See Ark. S. R.R.--Lease Exemption--Kan. City S. Ry., FD 
34760 (STB served Oct. 26, 2005).
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    ARS certifies that its projected revenues as a result of the 
proposed transaction will not result in ARS's becoming a Class II or 
Class I rail carrier and that its annual revenues will not exceed $5 
million.
    ARS states that it intends to consummate the transaction on or 
shortly after October 21, 2016, the effective date of the exemption (30 
days after the verified notice of exemption was filed).
    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 for stay must be filed no later than October 14, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36061, 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 applicant's representative, Karl Morell, 
Karl Morell & Associates, Suite 225, 655 Fifteenth Street NW., 
Washington, DC 20005.
    According to ARS, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: October 4, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-24314 Filed 10-6-16; 8:45 am]
 BILLING CODE 4915-01-P