[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Page 59442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25529]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36237]


Tulsa-Sapulpa Union Railway Company, L.L.C.--Lease Renewal 
Exemption With Interchange Commitment--Union Pacific Railroad Company

    Tulsa-Sapulpa Union Railway Company, L.L.C. (TSU), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to renew its lease of approximately 12.86 miles of railroad line owned 
by Union Pacific Railroad Company (UP), located in Tulsa County, Okla. 
(the Line). The Line, known as the Jenks Industrial Lead, extends from 
milepost 136.40 near the Kimberly Clark facility in Jenks, Okla., to 
the end of UP's ownership at milepost 149.26 and the connection with 
UP's trackage rights over BNSF Railway Company in Tulsa, Okla.
    TSU states that it and UP previously executed a lease agreement 
regarding the Line in 2001.\1\ TSU states that the new lease agreement, 
dated as of December 21, 2018, has an initial five-year term that may 
be extended by TSU for an additional 15 years.
---------------------------------------------------------------------------

    \1\ Tulsa-Sapulpa Union Ry.--Lease & Operation Exemption--Union 
Pac. R.R., FD 33974 (STB served Dec. 26, 2000, corrected Feb. 12, 
2001).
---------------------------------------------------------------------------

    TSU certifies that its projected annual revenues from this 
transaction will not result in its becoming a Class I or Class II rail 
carrier and will not exceed $5 million. As required under 49 CFR 
1150.43(h)(1), TSU has disclosed in its verified notice that the lease 
renewal agreement contains an interchange commitment that charges TSU 
an asset use fee for carloads that originate or terminate on the Line 
that are not interchanged to UP.\2\ TSU has provided additional 
information regarding the interchange commitment as required by 49 CFR 
1150.43(h).
---------------------------------------------------------------------------

    \2\ TSU submitted under seal a copy of the lease renewal 
agreement with its verified notice of exemption.
---------------------------------------------------------------------------

    TSU states in its verified notice that it intends to consummate the 
proposed lease renewal on or shortly after December 21, 2018. The 
earliest this transaction may be consummated is December 7, 2018 (30 
days after the verified notice 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 to stay must be filed no later than November 30, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36237, 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 TSU's representative, Audrey L. Brodrick, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606-3208.
    According to TSU, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 19, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2018-25529 Filed 11-21-18; 8:45 am]
BILLING CODE 4915-01-P