Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Surface Transportation Board

          - [Docket No. FD 36354]

Arkansas Southern Railroad, L.L.C. (ARS), a Class III railroad, has filed a verified notice of exemption under 49 CFR 1150.41 to amend and extend its leases from The Kansas City Southern Railway Company (KCS) of two lines of railroad: (1) Between milepost 4.0 near Heavener, Okla., and milepost 33.0 at Waldron, Ark.; and (2) between milepost 32.0 at Ashdown, Ark., and milepost 0.0 at Nashville, Ark. (excluding the 601 track switch at Ashdown) (collectively, the Lines).

                    According to ARS, it has operated the Lines since 2005 pursuant to lease agreements with KCS,[1]                                          and the parties entered into restated leases in 2016 (the Leases).[2]                                          The verified notice indicates that ARS and KCS executed amendments to the Leases on July 20, 2020 (the Amendments), extending the term of the Leases through November 30, 2034, among other changes. ARS states that it intends for the Amendments to take effect on or shortly after the effective date of this exemption.                

                    ARS certifies that the Leases contain an interchange commitment.[3]                                          Accordingly, ARS has provided additional information regarding the interchange commitment, as required by 49 CFR 1150.43(h).                

ARS certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not result in the creation of a Class I or Class II rail carrier.

The earliest this transaction may be consummation is March 14, 2021, the effective date of the exemption (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 for stay must be filed no later than March 5, 2021.

All pleadings, referring to Docket No. FD 36354, should be filed with the Surface Transportation Board via e-filing on the Board's website. In addition, a copy of each pleading must be served on ARS's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.

                    According to ARS, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b).                          ( print page 11821)    

                    Board decisions and notices are available at                     *www.stb.gov.*

Decided: February 22, 2021.

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.

Eden Besera,

Clearance Clerk.

# Footnotes

1.                                                     *See Ark. S. R.R.—Lease Exemption—The Kan. City S. Ry.,*                         FD 34760 (STB served Oct. 26, 2005).                    
        Back to Citation      

2.                                                     *See Ark. S. R.R.—Lease Exemption Containing Interchange Commitment—The Kan. City. S. Ry.,*                         FD 36061 (STB served Oct. 7, 2016).                    
        Back to Citation      

3.                             A copy of the Leases and the Amendments with the interchange commitment was submitted under seal.                         *See*49 CFR 1150.43(h)(1).                    
        Back to Citation      

[FR Doc. 2021-03932 Filed 2-25-21; 8:45 am]

BILLING CODE 4915-01-P