83_FR_46711 83 FR 46533 - West Memphis Base Railroad L.L.C.-Lease, Operation, and Future Purchase Exemption-City of West Memphis, Ark.

83 FR 46533 - West Memphis Base Railroad L.L.C.-Lease, Operation, and Future Purchase Exemption-City of West Memphis, Ark.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range46533-46533
FR Document2018-19944

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Page 46533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19944]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36215]


West Memphis Base Railroad L.L.C.--Lease, Operation, and Future 
Purchase Exemption--City of West Memphis, Ark.

    West Memphis Base Railroad, L.L.C. (WMBR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to lease from the 
City of West Memphis, Ark. (the City) and to operate approximately 2.25 
miles of rail line, extending from milepost 353.281 to milepost 355.539 
in West Memphis, Crittenden County, Ark. (the Line), pursuant to an 
agreement entered into with the City.\1\ In addition, the agreement 
gives WMBR an option to purchase the Line, which WMBR anticipates that 
it will be in a position to exercise in October of this year.
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    \1\ WMBR and the City have agreed for WMBR to lease the Line for 
an initial term expiring at the later occurrence of: (1) Completion 
of certain publicly funded improvements to the Line, or (2) December 
31, 2020.
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    WMBR states that the proposed transaction does not involve, and the 
agreement between WMBR and the City does not include, any provision or 
agreement that would limit future interchange with a third-party 
connecting carrier.
    WMBR 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 and that the projected annual revenues will not exceed 
$5 million.
    The transaction (including the option to purchase) may be 
consummated on or after September 27, 2018, 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 September 20, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36215, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Bradon J. Smith, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to WMBR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: September 10, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2018-19944 Filed 9-12-18; 8:45 am]
 BILLING CODE 4915-01-P



                                                                          Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices                                                46533

                                               (Catalog of Federal Domestic Assistance                    36215, must be filed with the Surface               Monday through Friday, except Federal
                                               Number 59008)                                              Transportation Board, 395 E Street SW,              Holidays.
                                               James Rivera,                                              Washington, DC 20423–0001. In                         Interested parties are invited to
                                               Associate Administrator for Disaster
                                                                                                          addition, one copy of each pleading                 participate in these proceedings by
                                               Assistance.                                                must be served on Bradon J. Smith,                  submitting written views, data, or
                                                                                                          Fletcher & Sippel LLC, 29 North Wacker
                                               [FR Doc. 2018–19935 Filed 9–12–18; 8:45 am]                                                                    comments. FRA does not anticipate
                                                                                                          Drive, Suite 800, Chicago, IL 60606.
                                               BILLING CODE 8025–01–P                                                                                         scheduling a public hearing in
                                                                                                            According to WMBR, this action is
                                                                                                          categorically excluded from                         connection with these proceedings since
                                                                                                          environmental review under 49 CFR                   the facts do not appear to warrant a
                                               SURFACE TRANSPORTATION BOARD                               1105.6(c).                                          hearing. If any interested party desires
                                               [Docket No. FD 36215]                                        Board decisions and notices are                   an opportunity for oral comment, they
                                                                                                          available on our website at www.stb.gov.            should notify FRA, in writing, before
                                               West Memphis Base Railroad L.L.C.—                                                                             the end of the comment period and
                                                                                                            Decided: September 10, 2018.
                                               Lease, Operation, and Future Purchase                                                                          specify the basis for their request.
                                                                                                            By the Board, Scott M. Zimmerman, Acting
                                               Exemption—City of West Memphis,                                                                                  All communications concerning these
                                                                                                          Director, Office of Proceedings.
                                               Ark.                                                                                                           proceedings should identify the
                                                                                                          Tammy Lowery,
                                                  West Memphis Base Railroad, L.L.C.                      Clearance Clerk.                                    appropriate docket number and may be
                                               (WMBR), a noncarrier, has filed a                          [FR Doc. 2018–19944 Filed 9–12–18; 8:45 am]
                                                                                                                                                              submitted by any of the following
                                               verified notice of exemption under 49                      BILLING CODE 4915–01–P
                                                                                                                                                              methods:
                                               CFR 1150.31 to lease from the City of                                                                            • Website: http://www.regulations.
                                               West Memphis, Ark. (the City) and to                                                                           gov. Follow the online instructions for
                                               operate approximately 2.25 miles of rail                                                                       submitting comments.
                                               line, extending from milepost 353.281 to                   DEPARTMENT OF TRANSPORTATION
                                               milepost 355.539 in West Memphis,                                                                                • Fax: 202–493–2251.
                                               Crittenden County, Ark. (the Line),                        Federal Railroad Administration                       • Mail: Docket Operations Facility,
                                               pursuant to an agreement entered into                      [Docket Number FRA–2008–0070]
                                                                                                                                                              U.S. Department of Transportation, 1200
                                               with the City.1 In addition, the                                                                               New Jersey Avenue SE, W12–140,
                                               agreement gives WMBR an option to                          Petition for Waiver of Compliance                   Washington, DC 20590.
                                               purchase the Line, which WMBR                                                                                    • Hand Delivery: 1200 New Jersey
                                               anticipates that it will be in a position                    In accordance with part 211 of Title
                                                                                                          49 of the Code of Federal Regulations               Avenue SE, Room W12–140,
                                               to exercise in October of this year.
                                                                                                          (CFR), this provides the public notice              Washington, DC 20590, between 9 a.m.
                                                  WMBR states that the proposed
                                               transaction does not involve, and the                      that by letter dated September 7, 2018,             and 5 p.m., Monday through Friday,
                                               agreement between WMBR and the City                        Harsco Track Technologies (HTT)                     except Federal Holidays.
                                               does not include, any provision or                         petitioned the Federal Railroad                       Communications received by October
                                               agreement that would limit future                          Administration (FRA) for an extension               15, 2018 will be considered by FRA
                                               interchange with a third-party                             of a waiver of compliance from certain              before final action is taken. Comments
                                               connecting carrier.                                        provisions of the Federal railroad safety           received after that date will be
                                                  WMBR certifies that its projected                       regulations contained at 49 CFR part                considered as far as practicable.
                                               annual revenues as a result of this                        214, subpart D. FRA assigned the
                                                                                                                                                                Anyone can search the electronic
                                               transaction will not exceed those that                     petition Docket Number FRA–2008–
                                                                                                                                                              form of any written communications
                                               would qualify it as a Class III rail carrier               0070.
                                                                                                                                                              and comments received into any of our
                                               and that the projected annual revenues                       HTT seeks an extension of the
                                                                                                          existing relief from 49 CFR 214.505,                dockets by the name of the individual
                                               will not exceed $5 million.
                                                  The transaction (including the option                   Required environmental control and                  submitting the comment (or signing the
                                               to purchase) may be consummated on or                      protection systems for new on-track                 document, if submitted on behalf of an
                                               after September 27, 2018, the effective                    roadway maintenance machine with                    association, business, labor union, etc.).
                                               date of the exemption (30 days after the                   enclosed cabs, to permit continued use              In accordance with 5 U.S.C. 553(c), DOT
                                               verified notice of exemption was filed).                   of a remote controlled on-track roadway             solicits comments from the public to
                                                  If the verified notice contains false or                maintenance machine without the                     better inform its processes. DOT posts
                                               misleading information, the exemption                      requirement of an enclosed cab,                     these comments, without edit, including
                                               is void ab initio. Petitions to revoke the                 operable heating and air conditioning               any personal information the
                                               exemption under 49 U.S.C. 10502(d)                         system, and positive pressurized                    commenter provides, to
                                               may be filed at any time. The filing of                    ventilation system. In support of its               www.regulations.gov, as described in
                                               a petition to revoke will not                              petition, HTT states the drone track                the system of records notice (DOT/ALL–
                                               automatically stay the effectiveness of                    tamper has been in operation since 2008             14 FDMS), which can be reviewed at
                                               the exemption. Petitions for stay must                     and no injuries or safety issues have               www.dotransportation.gov/privacy. See
                                               be filed no later than September 20,                       been reported to HTT.                               also http://www.regulations.gov/
                                               2018 (at least seven days before the                         A copy of the petition, as well as any            #!privacyNotice for the privacy notice of
                                               exemption becomes effective).                              written communications concerning the               regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                                  An original and 10 copies of all                        petition, is available for review online at           Issued in Washington, DC.
                                               pleadings, referring to Docket No. FD                      www.regulations.gov and in person at
                                                                                                          the U.S. Department of Transportation’s             Robert C. Lauby,
                                                 1 WMBR and the City have agreed for WMBR to
                                                                                                          Docket Operations Facility, 1200 New                Associate Administrator for Safety, Chief
                                               lease the Line for an initial term expiring at the later                                                       Safety Officer.
                                               occurrence of: (1) Completion of certain publicly
                                                                                                          Jersey Ave. SE, W12–140, Washington,
                                                                                                          DC 20590. The Docket Operations                     [FR Doc. 2018–19918 Filed 9–12–18; 8:45 am]
                                               funded improvements to the Line, or (2) December
                                               31, 2020.                                                  Facility is open from 9 a.m. to 5 p.m.,             BILLING CODE 4910–06–P




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Document Created: 2018-09-13 01:01:57
Document Modified: 2018-09-13 01:01:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 46533 

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