[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47639-47640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22263]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1042X]


R.J. Corman Railroad Company/Tennessee Terminal, LLC--
Discontinuance of Service Exemption--in Shelby County, TN

    R.J. Corman Railroad Company/Tennessee Terminal, LLC (RJCK) has 
filed a verified notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances of Service to discontinue 
service over 2,084 feet of rail line owned by BNSF Railway Company 
(BNSF) and identified as Track A (1110) in the Airport Industrial Park 
tracks at Memphis, in Shelby County, TN. The line traverses United 
States Postal Service Zip Code 38118.\1\
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    \1\ RJCK leased this line and began operations in January 2006. 
See R.J. Corman Railroad Company/Tennessee Terminal, LLC--Lease and 
Operation Exemption--BNSF Railway Company, STB Finance Docket No. 
34772 (STB served Feb. 3, 2006).
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    RJCK has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to be 
rerouted over other lines; -fnl;(3) no formal complaint filed by a user 
of rail service on the line (or by a State or local government entity 
acting on behalf of such user) regarding cessation of service over the 
line either is pending with the Surface Transportation Board or with 
any U.S. District Court or has been decided in favor of complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\2\
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    \2\ Because this is a discontinuance of service proceeding and 
not an abandonment, the proceeding is exempt from the requirements 
of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on October 16, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49

[[Page 47640]]

CFR 1152.27(c)(2) \3\ must be filed by September 28, 2009.\4\ Petitions 
to reopen must be filed by October 6, 2009, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to 
RJCK's representative: Ronald A. Lane, Fletcher & Sippel LLC, 29 N. 
Wacker Dr., Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 10, 2009.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-22263 Filed 9-15-09; 8:45 am]
BILLING CODE 4915-01-P