[Federal Register Volume 73, Number 70 (Thursday, April 10, 2008)]
[Notices]
[Page 19584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7398]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35124]


R.J. Corman Railroad Company/Central Kentucky Lines, LLC--
Trackage Rights Exemption--CSX Transportation, Inc.

    Pursuant to an oral agreement, CSX Transportation, Inc. (CSXT), has 
agreed with R.J. Corman Railroad Company/Central Kentucky Lines, LLC 
(RJCC), to modify an existing limited overhead trackage rights 
agreement \1\ regarding RJCC's use of a CSXT line of railroad from the 
parties' connection at CSXT milepost T1.8, at the end of CSXT's line 
known as the Water Street Lead, in Louisville, KY, to another point of 
connection at CSXT milepost 12.49, at HK Tower, near Anchorage, KY, a 
distance of approximately 10.75 miles.\2\
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    \1\ The original rights were obtained by R.J. Corman Railroad 
Property, LLC (RJCP) as incidental trackage rights to a lease of 
another line exempted under 49 CFR 1150.41 in R.J. Corman Railroad 
Property, LLC--Lease Exemption--Line of CSX Transportation, Inc., 
STB Finance Docket No. 34625 (STB served Mar. 4, 2005). RJCP 
assigned the trackage rights to RJCC, its corporate affiliate. The 
assignment was exempted under 49 CFR 1150.41 in R.J. Corman Railroad 
Company/Central Kentucky Lines, LLC--Acquisition and Operation 
Exemption--Line of R.J. Corman Railroad Property, LLC, STB Finance 
Docket No. 34624 (STB served Feb. 23, 2005).
    \2\ RJCC originally filed its verified notice of exemption on 
March 25, 2008. That notice covered agreements for trackage rights 
modifications over two lines, the subject line and a line of 
railroad from the point of the parties' connection at CSXT milepost 
VB 113.81 near Winchester in Clark County, KY, to the industry track 
at CSXT milepost KC 131.0 near Berea, in Garrard County, KY, a 
distance of approximately 35 miles (the Berea Line). In a March 28, 
2008 amendment to the original filing, RJCC withdrew the Berea Line 
agreement from what was sought to be exempted by this notice. RJCC 
states that it will file a separate verified notice of exemption 
with respect to the agreement modification for that segment.
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    The earliest this transaction can be consummated is April 24, 2008, 
the effective date of the exemption (30 days after the exemption is 
filed).
    The purpose of the amendment is to relax the restrictions in the 
original agreement to permit two new types of direct service by RJCC 
over portions of its own track and CSXT's line. Specifically, the 
modification would allow RJCC to move carloads of cement and general 
merchandise cars between the Water Street Lead and its main line at 
Anchorage.
    As a condition to this exemption, any employees 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 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 effectiveness of the exemption. Stay petitions 
must be filed by April 17, 2008 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 
110-161, 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35124, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 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: April 2, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-7398 Filed 4-8-08; 8:45 am]
BILLING CODE 4915-01-P