Louisiana Southern Railroad, L.L.C.-Lease Exemption Containing Interchange Commitment-The Kansas City Southern Railway Company, 6325-6326 [2016-02263]

Agencies

• Surface Transportation Board

[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Pages 6325-6326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02263]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35983]


Louisiana Southern Railroad, L.L.C.--Lease Exemption Containing 
Interchange Commitment--The Kansas City Southern Railway Company

    Louisiana Southern Railroad, L.L.C. (LAS), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to lease from The Kansas City Southern Railway Company 
(KCS), and to operate, approximately 165.8 miles of rail line between: 
(1) A point 1,600 feet south of Highway 80 crossing, near Gibsland, 
La., and milepost B-192, near Pineville, La.; (2) milepost 83.5, at 
Sibley, La., and milepost 78.8, at Minden, La., on the Sibley Branch; 
(3) milepost 49.6, near Cullen, La., and milepost 78.8, at Minden on 
the Hope Subdivision; and (4) milepost 78.8, at Minden, and milepost B-
102, near Bossier, La. on the Hope Subdivision.\1\
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    \1\ LAS was granted authority to lease and operate portions of 
the rail lines in Louisiana Southern Railroad, Inc.--Lease and 
Operation Exemption--The Kansas City Southern Railway Company, FD 
34751 (STB served Oct. 7, 2005). In a letter filed on January 29, 
2016, LAS clarified the locations of the rail lines being leased.
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    In the verified notice, LAS states that LAS and KCS have recently 
entered into two amended and restated lease agreements \2\ (Amended 
Agreements) which, among other things, extend the term of the original 
lease agreement to October 31, 2025. As required under 49 CFR 
1150.43(h)(1), LAS has disclosed in its verified notice that the 
Amended Agreements contain an interchange commitment that affects the 
interchange points in Sibley, Gibsland, and Pineville, La. In addition, 
LAS has provided additional information regarding the interchange 
commitment as required by 49 CFR 1150.43(h). LAS states that it will 
continue to be the operator of the rail lines.
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    \2\ LAS filed a confidential, complete version of the Amended 
Agreements 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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    LAS has certified that its projected annual revenues as a result of 
this

[[Page 6326]]

transaction will not result in LAS' becoming a Class II or Class I rail 
carrier, but that its projected annual revenues would exceed $5 
million. Accordingly, LAS is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    LAS has also filed a petition for waiver of the 60-day advance 
labor notice requirement under 1150.42(e), asserting that: (1) No KCS 
employees will be affected because no KCS employees have performed 
operations or maintenance on the lines since 2005; and (2) no LAS 
employees will be affected because LAS will continue to provide the 
same service and perform the same maintenance as it has since 2005. 
LAS' waiver request will be addressed in a separate decision.
    LAS states that the transaction is expected to be consummated on or 
shortly after the effective date of this notice. The Board will 
establish in the decision on the waiver request the earliest date this 
transaction may be consummated.
    If the 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 February 12, 2016.
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35983, 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, Karl Morell, 
Karl Morell & Associates, 655 Fifteenth Street, Suite 225, NW., 
Washington, DC 20005.
    According to LAS, 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: February 2, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-02263 Filed 2-4-16; 8:45 am]
BILLING CODE 4915-01-P