[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Notices]
[Page 35945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14976]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34323]


Alabama Gulf Coast Railway LLC--Acquisition and Operation 
Exemption--The Burlington Northern and Santa Fe Railway Company

    Alabama Gulf Coast Railway LLC (AGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from The Burlington Northern and Santa Fe Railway Company (BNSF) 
approximately 288.43 miles of rail line in Alabama and Mississippi. AGR 
proposes to: (1) Purchase BNSF's rail line between milepost 654.005 
near Whitbury, MS, and milepost 776.1 near Gulf, AL, a distance of 
122.095 miles; (2) lease BNSF's rail line between milepost 649.3 near 
Columbus, MS, and milepost 654.005 near Whitbury, MS, a distance of 
4.705 miles; (3) acquire overhead trackage rights over BNSF's rail line 
between Amory, MS Yard, milepost 612.32, and Columbus, MS, milepost 
649.3, a distance of 36.98 miles; (4) acquire by assignment BNSF's 
trackage rights over Norfolk Southern Railway Company (NS) line between 
Kimbrough, AL, and Mobile, AL (TASAD Switch), a distance of about 
102.55 miles; \1\ (5) lease BNSF's rail line between milepost 851.4 
near M&T Chemical, AL, and milepost 873.5 at Mobile, AL; and (6) 
sublease certain facilities of the Terminal Railway Alabama State 
Docks. BNSF will retain overhead trackage rights on the rail lines that 
are purchased by AGR and trackage rights on the rail lines that are 
leased and subleased to AGR.
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    \1\ NS's predecessor Southern Railway Company granted BNSF's 
predecessor, the Burlington Northern Railroad Company, the above-
described trackage rights. See Burlington Northern Railroad Company-
Trackage Rights Exemption--Southern Railway Company, ICC Finance 
Docket No. 30739 (ICC served Nov. 5, 1985); and Burlington Northern 
Railroad Company--Trackage Rights Exemption--Southern Railway 
Company, ICC Finance Docket No. 30739 (Sub-No. 1) (ICC served May 5, 
1994).
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    Because AGR's projected annual revenues will exceed $5 million, AGR 
certified to the Board on March 11, 2003, that, on that date, it had 
posted the required notice of intent to undertake the proposed 
transaction at the workplace of the employees on the affected line and 
had served a copy of the notice of intent on the national offices of 
all labor unions with employees on the rail line. See 49 CFR 
1150.42(e).
    AGR states that it intends to consummate the transaction on or 
after June 1, 2003, which is more than 60 days after it certified to 
the Board that it had complied with the Board's rule at 49 CFR 
1150.42(e).
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34323, must be filed with the Surface Transportation 
Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Louis E. Gitomer, Ball Janik 
LLP, 1445 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: June 9, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-14976 Filed 6-16-03; 8:45 am]
BILLING CODE 4915-00-P