[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52818-52819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21330]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35386]


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

    Pursuant to a written supplemental agreement dated July 28, 2010, 
CSX Transportation, Inc. (CSXT) has agreed to grant additional limited 
overhead trackage rights \1\ to R.J. Corman Railroad Company/Central 
Kentucky Lines, LLC (RJCC) over a CSXT line of railroad extending 
between (1) milepost 00T 12.5 at HK Tower and milepost 00T 2.6 at 
Frankfort Avenue; and (2) milepost 00T 2.6 at Frankfort Avenue and 
milepost 000 6.4 at Osborne Yard in the vicinity of Big Ditch, all in 
the vicinity of Louisville, Ky., a distance of approximately 17 
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 Sec.  1150.41 in R.J. Corman 
Railroad Property, LLC--Lease Exemption--Line of CSX Transportation, 
Inc., FD 34625 (STB served Mar. 4, 2005). RJCP assigned the trackage 
rights to RJCC, its corporate affiliate. The assignment was exempted 
under 49 CFR Sec.  1150.41 in R.J. Corman Railroad/Central Kentucky 
Lines, LLC--Acquisition and Operation Exemption--Line of R.J. Corman 
Railroad Property, LLC, FD 34624 (STB served Feb. 23, 2005). In 
2008, the parties' limited overhead trackage rights agreement was 
modified to allow RJCC to move carloads of cement and general 
merchandise between specified points in Kentucky. See R.J.Corman 
R.R./Cent. Ky. Lines, LLC--Trackage Rights Exemption--CSX Transp., 
Inc., FD 35124, (STB served Apr. 10, 2008).
    \2\ Applicant states that the earlier notices of exemption (FD 
34624, FD 34625, and FD 35124) referred to the HK Tower being 
located at milepost 12.49. In this notice, it is referred to as 
being located at milepost 12.5, but applicant explains that it is in 
the same location as before.
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    The transaction may be consummated on or after September 10, 2010, 
the effective date of the exemption (30 days after the exemption is 
filed). The purpose of the amended trackage rights agreement is to 
allow RJCC to move ties, ballast and other track material efficiently 
in coordination with the movement of its aluminum unit trains.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 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 September 3, 2010 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35386, 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 Michael J. Barron, Jr., Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 23, 2010.


[[Page 52819]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-21330 Filed 8-26-10; 8:45 am]
BILLING CODE 4915-01-P