[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Page 55957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19024]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34744]


R.J. Corman Railroad Company/Pennsylvania Lines Inc.--Lease and 
Operation Within a Corporate Family Transaction Exemption--R.J. Corman 
Railroad Property, LLC

    R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP), a 
Class III rail carrier, has filed a notice of exemption under 49 CFR 
1180.2(d)(3). The exemption involves what RJCP describes as a corporate 
family transaction whereby R.J. Corman Railroad Property, LLC (Railroad 
Property) will lease to RJCP and RJCP will operate a line of railroad, 
known as the Loup Creek Branch, extending from milepost 0.0 at 
Thurmond, WV, to milepost 12.0 at Mt. Hope, WV, a distance of 
approximately 12 miles.\1\
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    \1\ Prior to this transaction, the Loup Creek Branch was leased 
and operated by R.J. Corman Railroad Company/Bardstown Lines (RJCR). 
RJCP, Railroad Property and RJCR are commonly controlled by Richard 
J. Corman (Corman).
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    The transaction was scheduled to be consummated on or shortly after 
September 1, 2005, the effective date of the exemption.
    This transaction is within a corporate family of the type 
specifically exempted from prior approval under 49 CFR 1180.2(d)(3). 
RJCP states that the transaction will not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with carriers outside of the corporate family.
    According to RJCP, the purpose of the transaction is to substitute 
one Corman affiliate for another as the leasee and operator of the 
line, which will address certain tax and financing considerations 
within the Corman family of companies, and will not result in any 
changes in rail service or operations.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its obligation to protect the 
interests of its employees. Section 11326(c), however, does not provide 
for labor protection for transactions under sections 11324 and 11325 
that involve only Class III rail carriers. Accordingly, the Board may 
not impose labor protective conditions here because all of the carriers 
involved are Class III carriers.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34744, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 19, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-19024 Filed 9-22-05; 8:45 am]
BILLING CODE 4915-01-P