[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Notices]
[Page 49555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25088]



[[Page 49555]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33455]


Paducah & Louisville Railway--Trackage Rights Exemption--Western 
Kentucky Railway, LLC

    Western Kentucky Railway, LLC (WKR), a Class III rail carrier, has 
agreed to grant overhead trackage rights to Paducah & Louisville 
Railway (P&L), a Class II rail carrier, over a segment of track between 
the CSX Transportation, Inc. (CSXT), and WKR connection at Providence, 
KY, at or near CSXT milepost 291.8 and WKR milepost 9.4 of the 
Wheatcroft-Providence section and Pyro Mine, KY, at or near WKR 
milepost 4 of the Blackford-Clay Section, a distance of approximately 
10 miles.
    The purpose of the trackage rights is to allow P&L to provide a 
rail service alternative for coal traffic between the Pyro Mine, KY, 
and BRT Terminal at Jessup, KY.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected as required by 49 U.S.C. 11326(b), 
subject to the procedural interpretations of the analogous statutory 
provisions at 49 U.S.C. 10902 contained in the Board's decision in 
Wisconsin Central Ltd.--Acquisition Exemption--Lines of Union Pacific 
Railroad Company, STB Finance Docket No. 33116 (STB served Apr. 17, 
1997) (WCL Exemption).<SUP>1</SUP>
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    \1\ P&L has stated that it is alternatively willing to accept 
the conditions set out 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). Section 
11326(b) provides that parties may agree to terms other than as 
provided in that subsection.
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    The transaction was scheduled to be consummated on or after the 
September 11, 1997 effective date of the exemption.<SUP>2</SUP>
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    \2\ The notice to employees discussed in WCL Exemption and 
recently adopted as a requirement for certain transactions in 
Acquisition of Rail Lines Under 49 U.S.C. 10901 and 10902--Advance 
Notice of Proposed Transactions, STB Ex Parte No. 562 (STB served 
Sept. 9, 1997), does not apply to exempt trackage rights 
transactions.
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    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33455, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on William A. Mullins, Esq., Troutman Sanders LLP, 1300 I 
Street, N.W., Suite 500 East, Washington, DC 20005-3314.

    Decided: September 15, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-25088 Filed 9-19-97; 8:45 am]
BILLING CODE 4915-00-P