[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Page 3913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1254]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34868]


Columbus and Greenville Railway Company--Trackage Rights 
Exemption--Kansas City Southern Railway Company

    Pursuant to a trackage rights agreement dated March 3, 2006, 
between Columbus and Greenville Railway Company (CAGY) and Kansas City 
Southern Railway Company (KCSR), KCSR has agreed to grant CAGY 
nonexclusive overhead trackage rights over KCSR's Tuscaloosa 
Subdivision between milepost 3.5 west of Columbus, MS (near Artesia, 
MS), and milepost 15.2 at the connection with the BNSF Railway Company 
(BNSF) at Columbus, a total distance of approximately 11.7 miles.\1\
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    \1\ A redacted version of the trackage rights agreement between 
CAGY and KCSR was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. The request for a protective order is being addressed in a 
separate decision.
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    The transaction is scheduled to be consummated on or after February 
11, 2007 (the effective date of the exemption). The purpose of the 
trackage rights is to enable CAGY to provide competitive rail service 
to a new steel mill being constructed by SeverCorr LLC, at the Lowndes 
County Industrial Mega Site.\2\
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    \2\ Specifically, these rights provide CAGY direct access to 
handle rail traffic between the site of SeverCorr LLC, located in 
the Lowndes County Industrial Mega Site, at milepost 4.0 near 
Columbus, on the one hand, and, on the other hand (1) the Lowndes 
County Port at milepost 13.4, (2) the BNSF connection near milepost 
15.2, (3) points on CAGY's lines, and (4) interchange points with 
other carriers located on CAGY lines in or east of Columbus, as they 
existed on October 5, 2005.
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    As a condition to this exemption, any employee affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. Stay petitions must be filed by February 2, 2007 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34868, 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 John D. Heffner, John D. 
Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: January 22, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-1254 Filed 1-25-07; 8:45 am]
BILLING CODE 4915-01-P