[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Page 8875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3429]



[[Page 8875]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34624]


R.J. Corman Railroad Company/Central Kentucky Lines, LLC--
Acquisition and Operation Exemption--Line of R.J. Corman Railroad 
Property, LLC

    R.J. Corman Railroad Company/Central Kentucky Lines, LLC (RJCC),\1\ 
a Class III rail carrier, has filed a verified notice of exemption 
under 49 CFR 1150.41 to acquire by sublease from its corporate 
affiliate R.J. Corman Railroad Property, LLC (Railroad Property) and 
operate a line of railroad in Louisville, KY, known as the Water Street 
Lead, extending from the southeast edge of the Mellwood Avenue crossing 
of the Water Street Lead at or near milepost OTR 4.74 (also known as 
milepost OOT 1.8) on CSX Transportation, Inc.'s (CSXT) Louisville 
Terminal Subdivision to the end of track north of River Road, a total 
distance of approximately 2.4 miles, along with associated industry 
leads and switch tracks.\2\ The Water Street Lead is owned by CSXT and 
will be leased by Railroad Property. RJCC will also acquire by 
assignment from Railroad Property incidental overhead trackage rights 
on a CSXT line between Louisville and Anchorage, KY, on CSXT's LCL 
Subdivision between the Water Street Lead and milepost 12.49 at HK 
Tower in Anchorage, a distance of approximately 10.75 miles (the 
Anchorage Trackage Rights), to allow connection with other RJCC 
operations at the latter location.\3\
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    \1\ RJCC is controlled by Richard J. Corman, who also controls 
eight other Class III rail carriers in the eastern United States.
    \2\ According to RJCC, an agreement has been reached with 
Railroad Property providing for RJCC's sublease and operation of the 
Water Street Lead immediately upon Railroad Property's lease of the 
Water Street Lead from CSXT. The agreement also provides for the 
assignment of the Anchorage Trackage Rights from Railroad Property 
to RJCC.
    \3\ Railroad Property also will assign to RJCC its operating 
rights over CSXT between the Water Street Lead and CSXT's Osborne 
Yard in Louisville for purposes of effectuating interchange.
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    This transaction is related to STB Finance Docket No. 34625, R.J. 
Corman Railroad Property, LLC--Lease Exemption--Line of CSX 
Transportation, Inc., wherein Railroad Property seeks to lease the 
Water Street Lead and acquire the Anchorage Trackage Rights from CSXT.
    RJCC certifies that its projected revenues as a result of this 
transaction will not result in RJCC becoming a Class II or Class I rail 
carrier. But, because RJCC's projected annual revenues will exceed $5 
million, RJCC certified to the Board on December 7, 2004, that, prior 
to that date, it sent the required notice of the transaction to the 
national offices of all labor unions representing employees on the 
affected lines and posted a copy of the notice at the workplace of the 
employees on the affected lines. See 49 CFR 1150.42(e).
    RJCC stated that it intended to consummate the transaction on 
February 5, 2005, and commence operations on February 7, 2005.
    If the 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. 34624, 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 Ronald A. Lane, 29 North Wacker 
Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 15, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3429 Filed 2-22-05; 8:45 am]
BILLING CODE 4915-01-P