[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Notices]
[Pages 5031-5032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01698]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35989]


Central Midland Railway Company--Renewal of Lease Exemption with 
Interchange Commitment--Union Pacific Railroad Company Lackland Sub-
Division

    Central Midland Railway Company (CMR),\1\ a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
continue to lease from Union Pacific Railroad Company (UP), and to 
operate, approximately 8.65 miles of rail line and related industrial 
tracks, known as the Lackland Sub-Division, from milepost 10.35 at Rock 
Island Junction to milepost 19.0 west of Vigus in St. Louis County, 
Mo.\2\
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    \1\ CMR is wholly owned by Progressive Rail Inc.
    \2\ CMR was granted authority to lease and operate the rail line 
in Central Midland Railway--Lease & Operation Exemption--Union 
Pacific Railroad, FD 34308 (STB served Jan. 27, 2003).
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    In the verified notice, CMR states that CMR and UP have executed a 
Lease Agreement \3\ (Agreement) which served to renew an agreement the 
parties had previously entered into in January 2003. According to CMR, 
the Agreement has an initial 10-year term that may be extended by CMR 
for an additional 10-year period. As required under 49 CFR 
1150.43(h)(1), CMR has disclosed in its verified notice that the 
Agreement contains an interchange commitment that reduces the annual 
rent due to UP depending on the percentage of rail traffic originating 
or terminating on the line that is interchanged with UP via the 
Terminal Railroad Association of St. Louis at St. Louis. CMR has 
provided additional information regarding the interchange commitment, 
as required by 49 CFR 1150.43(h). CMR states that it will continue to 
be the operator of the line.
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    \3\ CMR filed a confidential, complete version of the Agreement 
with its notice of exemption to be kept confidential by the Board 
under 49 CFR 1104.14(a) without need for the filing of an 
accompanying motion for protective order under 49 CFR 1104.14(b).
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    CMR certifies that the projected annual revenues as a result of the 
proposed transaction will not result in CMR's becoming a Class II or 
Class I rail carrier and will not exceed $5 million.
    CMR intends to consummate the transaction on or shortly after 
February 14, 2016, 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

[[Page 5032]]

a petition to revoke will not automatically stay the effectiveness of 
the exemption. Petitions to stay must be filed by February 5, 2016 (at 
least seven days prior to the date the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35989, 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 applicant's representative, Audrey L. 
Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, 
Chicago, IL 60606.
    According to CMR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: January 25, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-01698 Filed 1-28-16; 8:45 am]
 BILLING CODE 4915-01-P