[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Notices]
[Pages 65490-65491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29034]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34423]


M & B Railroad, L.L.C.--Acquisition and Operation Exemption--CSX 
Transportation, Inc.

    M & B Railroad, L.L.C. (MNBR), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to acquire from CSX 
Transportation, Inc. (CSXT), and operate two segments of rail line. The 
first segment extends 30.22 miles from milepost XXB 189.00 (some 
mileposts on this segment are not a full mile apart) near Burkeville, 
AL (also known as Burkville), to milepost XXB 222.00 at the Western 
Junction station in Dallas County, AL. The second segment extends 
approximately 63.46 miles from milepost OOR 716.25 at the Western 
Junction station in Dallas County, AL, to milepost ORS 779.71 near 
Myrtlewood, AL. The segments being acquired also include CSXT's Selma 
Yard, at Selma, AL, and the following stations (all in Alabama): 
Myrtlewood (milepost ORS 781), Linden (milepost ORS 771), Hugo, 
Thomaston (milepost ORS 760), Central Mills, Orville (milepost ORS 
736), Selma (milepost ORS 720), Western Junction (mileposts ORS 717/XXB 
222), Alamet (milepost XXB 219), Tyler (milepost XXB 213), Benton 
(milepost XXB 207), Laneville (milepost XXB 204), Whitehall (milepost 
XXB 200), Latham Spur (milepost XXB 198), Lowndesboro (milepost XXB 
194), Robinsons (milepost XXB 190), and Burkeville (milepost XXB 189). 
The acquisition also includes acquisition by MNBR of l4 miles of 
incidental overhead trackage rights extending from Burkeville to 
Montgomery Yard in Montgomery, AL. The trackage rights will allow MNBR 
to interchange traffic with CSXT at CSXT's Montgomery Yard.
    Because MNBR's projected annual revenues will exceed $5 million, 
MNBR certified to the Board on October 21, 2003,\1\ that it had posted 
the required

[[Page 65491]]

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). MNBR stated in its 
verified notice that the transaction was scheduled to be consummated on 
November 16, 2003.\2\
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    \1\ Due to the timing of MNBR's certification to the Board, 
consummation under these circumstances would have had to be delayed 
until December 20, 2003 (60 days after MNBR's certification to the 
Board that it had complied with the requirements of 49 CFR 
1150.42(e)). In a decision in this proceeding served on November 3, 
2003, however, the Board granted the request by MNBR for waiver of 
the remainder of the 60-day notice period to allow consummation to 
occur as early as November 14, 2003.
    \2\ It appears on this record that the parties intended to 
effect the operational changes on November 16, 2003, but that they 
proposed to ``close'' on November 14, 2003.
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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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34423, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Donald G. Avery, Slover & 
Loftus, 1224 Seventeenth Street, NW., Washington, DC 20036-3003.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: November 14, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-29034 Filed 11-19-03; 8:45 am]
BILLING CODE 4915-00-P