[Federal Register Volume 68, Number 71 (Monday, April 14, 2003)]
[Notices]
[Pages 17984-17985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8925]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34327]


Richard J. Corman--Continuance in Control Exemption--R.J. Corman 
Railroad Company/Central Kentucky Lines

    Richard J. Corman (Corman), a noncarrier individual, has filed a 
verified notice of exemption to continue in control of R.J. Corman 
Railroad Company/Central Kentucky Lines (RJCC), upon RJCC's becoming a 
Class III rail carrier.
    Corman reported that the parties intended to consummate the 
transaction on or soon after March 28, 2003, the effective date of the 
exemption (7 days after the exemption was filed).
    This transaction is related to two simultaneously filed notices of 
exemption: STB Finance Docket No. 34325, R.J. Corman Equipment Company, 
LLC-Acquisition Exemption-Line of Lexington & Ohio Railroad Co., Inc., 
wherein R.J. Corman Equipment Company, LLC (RJCE) seeks to acquire 
approximately 14.9 miles of rail line from the Lexington & Ohio 
Railroad Co., Inc.; and STB Finance Docket No. 34326, R.J. Corman 
Railroad Company/Central Kentucky Lines-Lease and Operation Exemption--
Line of R. J. Corman Equipment Company, LLC, wherein R.J. Corman 
Railroad Company/Central Kentucky Lines seeks to lease and operate the 
rail line being acquired by RJCE in STB Finance Docket No. 34325.
    Corman controls through stock ownership eight Class III rail 
carriers: R.J. Corman Railroad Company/Pennsylvania Lines, Inc., 
operating in Pennsylvania; R.J. Corman Railroad Company/Memphis Line, 
operating in Tennessee and Kentucky; R.J. Corman Railroad Company/
Western Ohio Line, operating in Ohio; R.J. Corman Railroad Company/
Cleveland Line operating in Ohio; R.J. Corman Railroad Company/
Bardstown Line, operating in Kentucky; R.J. Corman Railroad Company/
Allentown Lines, Inc., operating in Pennsylvania and New York; 
Clearfield and Mahoning Railway Company, operating in Pennsylvania; and 
R.J. Corman Equipment Company, LLC, a nonoperating common carrier which 
owns and leases track in Kentucky and Ohio.
    Corman states that the rail line to be leased and operated by RJCC 
will not connect with the rail lines of any existing rail carrier in 
the Corman corporate family, this control transaction is not part of a 
series of

[[Page 17985]]

anticipated transactions that would result in such a connection, and 
this control transaction does not involve a Class I carrier. Therefore, 
the transaction is exempt from the prior approval of requirements of 49 
U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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. 34327, 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 Edward J. Fishman, Kirkpatrick & 
Lockhart LLP, 1800 Massachusetts Avenue--2nd Floor, Washington, DC 
20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 4, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-8925 Filed 4-11-03; 8:45 am]
BILLING CODE 4915-00-P