[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Notices]
[Page 44140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18728]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34372]


Heritage Railroad Corporation--Lease and Operation Exemption--
Rail Line of United States Department of Energy

    Heritage Railroad Corporation (HRRC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease and operate 
a 7-mile rail line owned by the United States Department of Energy 
(DOE) from milepost 0.0 at a point of connection with a rail line of 
Norfolk Southern Railway Company at Blair, TN, to the end of the line 
at milepost 7.0 at East Tennessee Technology Center near Oak Ridge, TN. 
The lease includes 24 spur tracks, totaling approximately 7.5 miles, 
for a combined total of approximately 14.5 miles of track. HRRC 
certifies that the projected revenues as a result of this transaction 
will not result in the creation of a Class I or Class II rail carrier.
    HRRC states that it had entered into a management agreement with 
Southern Freight Logistics, LLC (SFL), effective September 30, 2000, 
wherein SFL was given exclusive rights to provide freight service on 
the line until September 14, 2005.\1\ HRRC could terminate the 
management agreement by providing SFL with 90 days' written notice. 
HRRC provided such notice by letter dated June 16, 2003. Nevertheless, 
HRRC is willing to allow SFL to continue using the line after September 
14, 2003, under new terms and conditions.
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    \1\ Prior to the management agreement, SFL leased the line from 
HRRC's predecessor. See Southern Freight Logistics, LLC-Lease and 
Operation Exemption-Community Reuse Organization of East Tennessee, 
STB Finance Docket No. 33392 (STB served May 15, 1997).
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    HRRC also states that it does not intend to consummate the 
transaction and take over operations until the 90-day notice of 
termination of the SFL management agreement has expired, on or about 
September 14, 2003. The earliest the transaction could have been 
consummated was July 8, 2003 (7 days after the exemption was filed).
    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. 34372, 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 Thomas F. McFarland, 208 South 
LaSalle Street, Suite 1890, Chicago, IL 60604-1194.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: July 16, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-18728 Filed 7-23-03; 9:14 am]
BILLING CODE 4915-00-P