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)

[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