[Federal Register Volume 75, Number 231 (Thursday, December 2, 2010)]
[Notices]
[Page 75205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30269]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35442]


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

    Pursuant to a written trackage rights agreement dated February 5, 
2005,\1\ CSX Transportation, Inc. (CSXT) has agreed to grant limited 
overhead trackage rights to R.J. Corman Railroad Company/Central 
Kentucky Lines, LLC (RJCC) \2\ over a CSXT line of railroad between the 
end of the Water Street Lead at milepost 00T 1.8 in Louisville, Ky., 
and milepost 00T 12.5 at HK Tower in Anchorage, Ky., a distance of 
approximately 10.7 miles. This notice was filed to correct a 
misdescription of the corporate process by which RJCC actually obtained 
these trackage rights in 2005.\3\ In the original notices, R.J. Corman 
Railroad Company/Central Kentucky Lines, LLC--Acquisition and Operation 
Exemption--Line of R.J. Corman Railroad Property, LLC, FD 34624 (STB 
served Feb. 23, 2005), and R.J. Corman Railroad Property, LLC--Lease 
Exemption--Line of CSX Transportation, Inc., FD 34625 (STB served Mar. 
4, 2005), RJCC stated that it acquired the rights from CSXT through its 
corporate affiliate, R.J. Corman Railroad Property, LLC (Railroad 
Property). Instead, RJCC acquired the rights directly from CSXT, as 
stated in this notice.\4\
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    \1\ The original agreement was subsequently amended in April 
2008 and August 2010.
    \2\ RJCC, a Class III carrier, is controlled by Richard J. 
Corman who also controls several other Class III rail carriers in 
the eastern United States. See Richard J. Corman--Continuance in 
Control Exemption--R.J. Corman Railroad Company/Central Kentucky 
Lines, FD 34327 (STB served Apr. 14, 2003).
    \3\ While RJCC and Railroad Property originally filed a petition 
to reopen and modify the trackage rights portions of those notices 
to correct the misdescriptions, they subsequently filed a request to 
withdraw that petition. The request to withdraw will be addressed 
subsequently in a separate decision.
    \4\ The 2005 notices also involved the lease and sublease/
operation of a CSXT line accurately described by the parties. The 
notices were published by the Board.
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    The transaction may be consummated on or after December 16, 2010, 
the effective date of the exemption (30 days after the exemption is 
filed). The trackage rights will allow RJCC to move certain commodities 
between RJCC's main line across Kentucky and the Water Street Lead in 
Louisville, which RJCC leases from CSXT.
    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 December 9, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35442, 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 Thomas J. Litwiler, 29 North Wacker Drive, 
Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 26, 2010.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-30269 Filed 12-1-10; 8:45 am]
BILLING CODE 4915-01-P