[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Notices]
[Page 53322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21393]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35152]


Arkansas Midland Railroad Company, Inc.--Operation Exemption--in 
Jacksonville, AR

    Arkansas Midland Railroad Company, Inc. (AKMD),\1\ a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to operate approximately 2.6 miles of rail line in Jacksonville, AR 
(the Jacksonville Industrial Spur), extending from the wye track 
connections with Union Pacific Railroad Company's (UP) Little Rock-
Poplar Bluff main line near South James Street to General Samuels Road 
near the south side of the Little Rock Air Force Base. The Jacksonville 
Industrial Spur is owned by the City of Jacksonville (City) and is 
currently operated by UP as exempt spur trackage. AKMD and the City 
have entered into a lease agreement providing for AKMD's lease of, and 
provision of rail service on, the line. UP's exempt switching 
operations will terminate upon AKMD's initiation of service.
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    \1\ AKMD is a wholly owned subsidiary of Pinsly Railroad 
Company, Inc., a non-carrier holding company which also controls 
four other Class III rail carriers in Florida and Massachusetts. See 
Pinsly Railroad Company--Continuance in Control Exemption--Arkansas 
Midland Railroad Company, Inc., Finance Docket No. 32001 (ICC served 
Mar. 6, 1992).
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    AKMD certifies that its projected revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
rail carrier. Because the projected annual revenues of the line, 
together with AKMD's projected annual revenue, will exceed $5 million, 
AKMD certified on July 3, 2008, that on that date it served the 
national offices of the labor unions with employees on the line with a 
copy of a notice of its intent to undertake this transaction, and 
posted such notice on July 3, 2008, at the workplace of the employees 
on the affected line.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    The transaction is expected to be consummated on October 1, 2008.
    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 transaction. 
Petitions for stay must be filed no later than September 19, 2008.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35152, 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 Thomas J. Litwiler, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 9, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-21393 Filed 9-12-08; 8:45 am]
BILLING CODE 4915-01-P