Notice2021-17387
South Kansas and Oklahoma Railroad, L.L.C.-Lease and Operation Exemption-Tulsa's Port of Catoosa Facilities Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 13, 2021
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44767-44768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on August 13, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.