Arkansas Midland Railroad Company, Inc. (AKMD),
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, § 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
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.
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By the Board, David M. Konschnik, Director, Office of Proceedings.