[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44767-44768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17387]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36527]


South Kansas and Oklahoma Railroad, L.L.C.--Lease and Operation 
Exemption--Tulsa's Port of Catoosa Facilities Authority

    South Kansas and Oklahoma Railroad, L.L.C. (SKOR), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to lease from Tulsa's Port of Catoosa Facilities Authority (the Port) 
and continue to operate a line of railroad extending approximately 7.1 
miles between milepost 0.00, in Owasso, Okla., and milepost 7.07, in 
Catoosa, Okla. (the Line).
    The verified notice states that SKOR previously operated the Line 
pursuant to assignment of a leasehold from the former Atchison, Topeka 
& Santa Fe Railway Company. See S. Kan. & Okla. R.R.--Lease Exemption--
The Atchison, Topeka & Santa Fe Ry., FD 32082 (ICC served Aug. 11, 
1992).\1\ SKOR and the Port have entered into a new Rail Line Lease 
Agreement (the Lease Agreement) to govern the subject transaction. SKOR 
intends to continue common carrier operations on the Line under the 
terms of the Lease Agreement.
---------------------------------------------------------------------------

    \1\ SKOR states that the 7.1 miles identified in this notice is 
a more accurate measurement of the Line than the 7.3 miles given in 
Docket No. FD 32082.
---------------------------------------------------------------------------

    According to SKOR, the Lease Agreement does not include an 
interchange commitment. Further, SKOR certifies that its projected 
annual revenues as a result of this transaction will not result in 
SKOR's becoming a Class II or Class I rail carrier, but that its 
current annual revenues exceed $5 million. Pursuant to 49 C.F.R 
1150.42(e), if a carrier's projected annual revenues will exceed $5 
million, it must, at least 60 days before this exemption is to become 
effective, post a notice of its intent to undertake the proposed 
transaction at the workplace of the employees on the affected lines, 
serve a copy of the notice on the national offices of the labor unions 
with employees on the affected lines, and certify to the Board that it 
has done so. However, SKOR has filed a petition for waiver of the 60-
day advance labor notice requirements. SKOR's waiver request will be 
addressed in a separate decision. The Board will establish the 
effective date of the exemption in its separate decision on the waiver 
request.
    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

[[Page 44768]]

a petition to revoke will not automatically stay the effectiveness of 
the exemption. Petitions for stay must be filed no later than August 
20, 2021.
    All pleadings, referring to Docket No. FD 36527, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on 
SKOR's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to SKOR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 10, 2021.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-17387 Filed 8-12-21; 8:45 am]
BILLING CODE 4915-01-P