[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45820-45821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18808]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36321]
Alabama Export Railroad, Inc.--Lease and Operation Exemption--
Illinois Central Railroad Company
Alabama Export Railroad, Inc. (ALE), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to lease and operate
approximately 12.1 miles of railroad line in downtown Mobile, Ala.,
owned by the Illinois Central Railroad Company (IC). The rail line
extends between Belt Junction at milepost 6.6 and the State Docks at
milepost 0.0 on IC's Beaumont Subdivision, and between Belt Junction at
milepost 6.6 and Frascati Junction at milepost 1.1 on IC's Frascati
Lead (the Line).
This transaction is related to a concurrently filed verified notice
of exemption in Mississippi Export Railroad--Continuance in Control
Exemption--Alabama Export Railroad, Docket No. FD 36320, in which
Mississippi Export Railroad Company (MSE) seeks to continue in control
of ALE upon ALE's becoming a Class III rail carrier.
ALE states that it and IC are negotiating track lease and switching
agreements under which IC, in addition to continuing to own the Line,
would also be the Line's lessor, and ALE would be the lessee and
operator.
According to ALE, the proposed agreements between ALE and IC do not
contain an interchange commitment.
ALE certifies that its projected annual revenues as a result of
this transaction will not result in the creation of a Class II or Class
I rail carrier and will not exceed $5 million.
[[Page 45821]]
The earliest this transaction may be consummated is September 15,
2019.\1\
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\1\ The verified notices in Docket Nos. FD 36320 and FD 36321
were initially submitted on August 12, 2019. On August 16, 2019, MSE
filed a supplement in Docket No. FD 36320 certifying that MSE and
ALE are the only two railroads in the corporate family. In light of
that supplement, August 16, 2019, is deemed the filing date of the
verified notice for continuance in control in Docket No. FD 36320,
and that exemption's effective date is September 15, 2019. Because
this lease and operation exemption requires the concurrent authority
for MSE to continue in control of ALE, the effective date of this
exemption likewise will be September 15, 2019.
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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 effectiveness of the
exemption. Petitions for stay must be filed no later than September 6,
2019 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36321, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on ALE's representatives: Eric M.
Hocky, Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite
1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC,
1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
According to ALE, this action is excluded from environmental review
under 49 CFR 1105.6(c) and from historic preservation reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: August 27, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-18808 Filed 8-29-19; 8:45 am]
BILLING CODE 4915-01-P