R.J. Corman Railroad Property, LLC-Lease Exemption-Line of CSX Transportation, Inc., 12042 [05-4573]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Notices]
[Page 12042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4573]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34625] \1\


R.J. Corman Railroad Property, LLC--Lease Exemption--Line of CSX 
Transportation, Inc.

    R.J. Corman Railroad Property, LLC (Railroad Property),\2\ a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire by lease a line of railroad of CSX Transportation, 
Inc. (CSXT), in Louisville, KY, known as the Water Street Lead, 
extending from the southeast edge of the Mellwood Avenue crossing of 
the Water Street Lead at or near milepost OTR 4.74 (also known as 
milepost OOT 1.8) on CSXT's Louisville Terminal Subdivision to the end 
of track north of River Road, a total distance of approximately 2.4 
miles, along with associated industry leads and switch tracks. Railroad 
Property will also acquire incidental overhead trackage rights between 
Louisville and Anchorage, KY, on CSXT's LCL Subdivision between the 
Water Street Lead and milepost 12.49 at HK Tower in Anchorage, a 
distance of approximately 10.75 miles (the Anchorage Trackage 
Rights),\3\ to allow connection with another Railroad Property line.\4\
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    \1\ Under the Board's regulations at 49 CFR 1150.42(b), 
publication in the Federal Register of this notice of exemption 
should have taken place within 30 days of its filing (February 25, 
2005). Through inadvertence, however, publication did not occur 
within that 30-day timeframe. The exemption was, however, effective 
February 2, 2005--7 days after the notice was filed.
    \2\ Railroad Property is a member of the R.J. Corman family of 
nine Class III railroads. Railroad Property was formerly known as 
R.J. Corman Equipment Company, LLC. The name of that entity was 
formally changed to R.J. Corman Railroad Property, LLC, and its non-
rail assets were transferred to a new noncarrier entity named R.J. 
Corman Equipment Company. As a result, the new ``Equipment Company'' 
does not own any railroad assets, and Railroad Property holds the 
railroad assets and bears the residual common carrier obligations of 
the ``old'' R.J. Corman Equipment Company, LLC.
    \3\ According to Railroad Property, it has reached a tentative 
agreement with CSXT providing for Railroad Property's lease of the 
Water Street Lead and acquisition of the Anchorage Trackage Rights, 
and it anticipated that a final agreement would be executed on or 
before February 5, 2005.
    \4\ CSXT will also grant Railroad Property operating rights 
between the Water Street Lead and CSXT's Osborne Yard in Louisville 
for purposes of effectuating interchange.
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    This transaction is related to STB Finance Docket No. 34624, R.J. 
Corman Railroad Company/Central Kentucky Lines, LLC--Acquisition and 
Operation Exemption--Lines of R.J. Corman Railroad Property, LLC, 
wherein R.J. Corman Railroad Company/Central Kentucky Lines, LLC 
(RJCC), Railroad Property's corporate affiliate, seeks to sublease from 
Railroad Property and operate the Water Street Lead and the Anchorage 
Trackage Rights.
    Railroad Property certifies that its projected revenues as a result 
of this transaction will not result in it becoming a Class II or Class 
I rail carrier. But, because Railroad Property's projected annual 
revenues will exceed $5 million, it certified to the Board on December 
7, 2004, that, prior to that date, it sent the required notice of the 
transaction to the national offices of all labor unions representing 
employees on the affected lines and posted a copy of the notice at the 
workplace of the employees on the affected lines. See 49 CFR 
1150.42(e).
    Railroad Property stated that it intended to consummate the 
transaction on February 5, 2005, and RJCC would commence operations on 
February 7, 2005.
    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. 34625, 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, 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: February 15, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-4573 Filed 3-9-05; 8:45 am]
BILLING CODE 4915-01-P