[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Page 5180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02835]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 33763 (Sub-No. 1)]


Paducah & Louisville Railway, Inc.--Trackage Rights Exemption--
CSX Transportation, Inc.

    Paducah & Louisville Railway, Inc. (P&L), a wholly owned subsidiary 
of P&L Transportation, Inc., has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(7) to allow P&L and CSX Transportation, Inc. 
(CSXT), to amend trackage rights to expand P&L's use of an 
approximately 27.7-mile CSXT rail line for the movement of coal between 
the Dotiki mines at or near milepost OMF 298.3 and a connection with 
P&L at or near milepost OHJ 274.8. In particular, traffic will move 
from the Dotiki mines to milepost OMB 275.9, then cross CSXT's Trident 
Interlocker at milepost OOH 276.5, then through CSXT's Madisonville 
Yard at Madisonville, Ky., at milepost OHC 275.0, then to point of 
switch on East Diamond Lead near milepost OHC 273.3, and then CSXT's 
Cimarron Spur to the connection with P&L near milepost OHJ 274.8 
(Dotiki Line).
    P&L has held restricted, overhead trackage rights over a portion of 
the Dotiki Line since 1999.\1\ P&L states that, since that time, it has 
operated those trackage rights for the limited purpose of delivering 
coal to the Louisville Gas & Electric Cane Run plant in Louisville, 
Ky., and the Louisville Gas & Electric Mill Creek plant in Kosmosdale, 
Ky. (the LGE Move), via a P&L line that connects to the Dotiki Line. 
According to P&L, CSXT and P&L have recently agreed to amend the 
trackage rights to also allow P&L to move up to one million tons of 
coal annually over the Dotiki Line to a P&L line that reaches the Ohio 
and Tennessee Rivers for the export market at the Calvert City, Four 
Rivers, or GRT Transfer Terminals.
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    \1\ See Paducah & Louisville Ry.--Trackage Rights Exemption--CSX 
Transp., Inc., FD 33763 (STB served June 23, 1999).
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    A redacted version of the trackage rights agreement between P&L and 
CSXT was filed with the verified notice of exemption.\2\
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    \2\ On February 12, 2019, as required by 49 CFR 
1180.6(a)(7)(ii), the unredacted version was filed under seal along 
with a motion for protective order. That motion is being addressed 
in a separate decision.
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    As a condition to this exemption, any employees affected by the 
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).
    The transaction may be consummated on or after March 6, 2019, the 
effective date of the exemption.
    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 February 27, 2019 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 33763 (Sub-No. 1), 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 William A. Mullins, Baker & Miller 
PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    Board decisions and notices are available at www.stb.gov.

    Decided: February 14, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-02835 Filed 2-19-19; 8:45 am]
BILLING CODE 4915-01-P