[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41655-41656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14786]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36418]
Alabama & Gulf Coast Railway LLC--Temporary Trackage Rights
Exemption--The Kansas City Southern Railway Company
Alabama & Gulf Coast Railway LLC (AGR), a Class III railroad, has
filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for the
acquisition of
[[Page 41656]]
temporary trackage rights, for overhead operations, by AGR over a 100-
mile rail line (the Line) of The Kansas City Southern Railway Company
(KCS) between KCS milepost 15.1 in Columbus, Miss., and KCS milepost
135.2 in Meridian, Miss., including yard trackage at KCS Meridian Yard
at KCS milepost 135 as necessary to connect with the Meridian & Bigbee
Railroad, L.L.C., pursuant to the terms of a temporary trackage rights
agreement dated July 1, 2020 (Agreement).\1\
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\1\ A redacted copy of the Agreement is attached to the verified
notice. An unredacted copy has been filed under seal along with a
motion for protective order pursuant to 49 CFR 1104.14. That motion
is addressed in a separate decision.
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AGR states that an AGR train derailed and damaged a bridge two
miles north of Aliceville, Ala., rendering the bridge inoperable. The
purpose of the temporary trackage rights is to accommodate AGR's
emergency detour operations over the Line while AGR's main line is
repaired and the bridge is replaced. AGR states that it will cease use
of the Line upon completion of the repairs and that the temporary
trackage rights will expire no later than August 31, 2020.
AGR concurrently filed a petition for waiver of the 30-day period
under 49 CFR 1180.4(g)(1) to allow the proposed temporary trackage
rights to become effective immediately. By decision served July 2,
2020, the Board granted AGR's request. As a result, this exemption is
now effective.
As a condition to this exemption, any employees affected by the
acquisition of the temporary trackage rights will be protected by the
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in
Mendocino Coast Railway--Lease & Operate--California Western Railroad,
360 I.C.C. 653 (1980), and any employees affected by the discontinuance
of those trackage rights will be protected by the conditions set out in
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91
(1979).
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.
All pleadings, referring to Docket No. FD 36418, 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 ARG's representative, Eric M.
Hocky, Esq., Clark Hill, PLC, Two Commerce Square, 2001 Market St.,
Suite 2620, Philadelphia, PA 19103.
According to AGR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and historic reporting
under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at www.stb.gov.
Decided: July 2, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-14786 Filed 7-9-20; 8:45 am]
BILLING CODE 4915-01-P