Notice2025-17388
Arkansas-Oklahoma Railroad, Inc.-Lease and Operation Exemption Including Interchange Commitment-BNSF Railway Company, Inc.
Primary source
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Published
September 10, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 173 (Wednesday, September 10, 2025)</title>
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[Federal Register Volume 90, Number 173 (Wednesday, September 10, 2025)]
[Notices]
[Page 43728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17388]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36871]
Arkansas-Oklahoma Railroad, Inc.--Lease and Operation Exemption
Including Interchange Commitment--BNSF Railway Company, Inc.
Arkansas-Oklahoma Railroad, Inc. (AOK), a Class III railroad, has
filed a verified notice of exemption under 49 CFR 1150.41 to extend its
lease with BNSF Railway Company, Inc. (BNSF), of approximately 10.658
miles of rail line extending between milepost 134.037 and milepost
123.379 on BNSF's Shawnee Industrial Spur in Shawnee, Okla. (the Line).
According to the verified notice, AOK is the current operator on
the Line, having received authority to lease and operate the Line in
2021. See Ark.-Okla. R.R.--Lease & Operation Exemption with Interchange
Commitment--BNSF Ry., FD 36534 (STB served Sept. 10, 2021). AOK states
that it has an agreement with BNSF to enter into a second amendment to
the lease to extend its term and that AOK will continue as the operator
on the Line after the transaction.
AOK certifies that the lease contains an interchange commitment.\1\
Accordingly, AOK has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.43(h).
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\1\ Concurrent with the initial filing of its verified notice of
exemption, AOK filed, under seal, portions of the amended lease. See
49 CFR 150.43(h)(1) (providing that certain information related to
interchange commitments, such as copies of agreements, will be kept
confidential without an accompanying motion for a protective order).
In a supplement filed on September 4, 2025, AOK provided, under
seal, a portion of the lease that was missing from its initial
filing.
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AOK certifies that its projected revenues as a result of the
transaction will not exceed those that would qualify it as a Class III
rail carrier, but that its current annual revenues exceed $5 million.
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues
will exceed $5 million, it must, at least 60 days before the 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. AOK, however, has petitioned for waiver of the 60-
day advance labor notice requirements. AOK's waiver request will be
addressed in a separate decision. The Board will establish the
effective date of the exemption in its 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 a
petition to revoke will not automatically stay the effectiveness of the
exemption. Petitions to stay must be filed no later than September 17,
2025.
All pleadings, referring to Docket No. FD 36871, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, a copy of each pleading must be served on
AOK's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
According to AOK, 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).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: September 5, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2025-17388 Filed 9-9-25; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on September 10, 2025.
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