Notice2025-21386
Arkansas Midland Railroad Company, Inc.-Lease and Operation Exemption Including Interchange Commitment-Union Pacific Railroad Company
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
November 28, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54838-54839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21386]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36885]
Arkansas Midland Railroad Company, Inc.--Lease and Operation
Exemption Including Interchange Commitment--Union Pacific Railroad
Company
Arkansas Midland Railroad Company, Inc. (AKMD), a Class III
railroad, has filed a verified notice of exemption under 49 CFR 1150.41
to extend the term of, and to make other changes to, its lease
agreement with Union Pacific Railroad Company (UP). Pursuant to that
agreement, AKMD leases and operates the following rail lines totaling
approximately 57.6 miles (the Leased Lines): (1) a portion of the
Carlisle Industrial Lead from UP's milepost 130.33 to the end of the
line at UP's milepost 131.38, including side tracks appurtenant
thereto; (2) rail line extending between UP's milepost 292.00 and UP's
milepost 297.93, including side tracks appurtenant thereto, connecting
with UP's mainline in North Little Rock Yard near milepost 343.40; (3)
the Warren Line extending between a connection with UP at milepost
422.32 in Dermott, Ark., and milepost 461.74 at Warren, Ark.; (4) the
Cypress Bend Industrial Lead, between milepost 407.5 at McGehee, Ark.,
and milepost 399.7 at Cypress Bend, Ark.; and (5) the Potlatch Spur,
between milepost 0.0 (milepost 399.7 on the Cypress Bend Industrial
Lead), and approximately milepost 3.4.\1\
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\1\ The verified notice states that the lease also includes the
yard at the east end of the Potlatch Spur and portions of the
McGehee Yard (except yard tracks 001 and 002) as well as incidental
bridge trackage rights over UP's rail line between milepost 406.5 at
McGehee and milepost 415.26 at Dermott.
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According to the verified notice, in 2000, AKMD entered into an
agreement with UP to lease and operate certain segments of the Leased
Lines. See Ark. Midland R.R.--Lease & Operation Exemption--Union Pac.
R.R., FD 33908 (STB served Aug. 23, 2000). The parties subsequently
supplemented that lease to allow AKMD to lease and operate the other
portions of the Leased Lines. See Ark. Midland R.R.--Change in
Operators Exemption--Line of Union Pac. R.R., FD 34567 (STB served Nov.
17, 2004); Ark. Midland R.R.--Lease & Operation Exemption--Union Pac.
R.R., FD 34714 (STB served Aug. 30, 2005). According to the verified
notice, the parties also subsequently supplemented the lease to extend
the term of the lease to allow the parties to negotiate the supplement
that is the subject of the verified notice. The verified notice
indicates that AKMD and UP have now agreed to amend the lease to
further extend its term and make other commercial changes. AKMD states
that it will continue to operate the Leased Lines.
AKMD certifies that its projected annual revenues as a result of
this transaction will not exceed those that would qualify it as a Class
III rail carrier and that its annual revenues currently 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 becomes 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, AKMD has filed a request for
waiver of the 60-day advance labor notice requirements to allow the
exemption to take effect 30 days after the filing of AKMD's verified
notice of exemption. AKMD'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.
AKMD certifies that the lease contains an existing interchange
commitment. AKMD has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.43(h).\2\
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\2\ AKMD filed a copy of the agreement, including all
supplements, under seal with the verified notice. See 49 CFR
1150.43(h)(1).
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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 for stay must be filed no later than December 5,
2025.
[[Page 54839]]
All pleadings, referring to Docket No. FD 36885, 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
AKMD's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
According to AKMD, 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: November 21, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025-21386 Filed 11-26-25; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on November 28, 2025.
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