[Federal Register: September 12, 2003 (Volume 68, Number 177)]
[Notices]               
[Page 53779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se03-105]                         


[[Page 53779]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34386]

 
R.J. Corman Equipment Company, LLC--Acquisition Exemption--Lines 
of CSX Transportation, Inc.

    R.J. Corman Equipment Company, LLC (RJCE), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from CSX Transportation, Inc. (CSXT), approximately 100.04 
miles of rail line in Kentucky. Pursuant to an agreement to be entered 
into between RJCE and CSXT, RJCE will acquire CSXT's line of railroad, 
known as the Old Road, extending between approximately milepost 12.49 
at HK Tower in Anchorage, KY (near Louisville), and approximately 
milepost 113.81 in Winchester, KY, a distance of approximately 91.48 
miles.\1\ In addition, RJCE will acquire the following associated 
branch lines: (1) The Bloomfield Branch, extending from a connection 
with the Old Road main line at milepost 30.64 to milepost 33.71, a 
distance of approximately 3.07 miles, in Shelbyville, KY; and (2) the 
Chilesburg Branch, extending from a connection with the Old Road main 
line at milepost 643.90 in Lexington, KY (milepost 97.74 on the Old 
Road main line), to milepost 638.41 near Cadentown, KY, a distance of 
approximately 5.49 miles. RJCE will also acquire certain industrial, 
spur and yard tracks in Lexington and Frankfort, KY. RJCE states that 
it will purchase the track and materials from CSXT and will lease the 
underlying real estate from CSXT for 15 years. CSXT will retain 
restricted overhead trackage rights on the portion of the Old Road 
between Winchester and Lexington for the operation of unit coal trains.
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    \1\ RJCE states that there are milepost equations on the line: 
At Christianburg, KY, where milepost 39.52 = milepost 49.46; at 
Lexington, KY, where milepost 93.43 = milepost 96.89; and near 
Montrose, KY, where milepost 102.76 = milepost 99.20.
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    Based on projected annual revenues for the line, RJCE states that 
it expects to remain a Class III rail carrier after consummation of the 
proposed transaction. It certifies that its projected annual revenues 
do not exceed those that would qualify it as a Class III rail carrier. 
Nevertheless, RJCE certified to the Board on July 31, 2003, that a 60-
day notice of this transaction, pursuant to 49 CFR 1150.42(e), was 
posted at the workplace of the employees on the Old Road line and was 
served on the national offices of the labor unions with employees on 
the Old Road.
    RJCE states that it intends to consummate the transaction on 
September 30, 2003 (60 days after its certification to the Board under 
49 CFR 1150.42(e)).
    This transaction is related to a simultaneously filed verified 
notice of exemption in STB Finance Docket No. 34387, R.J. Corman 
Railroad Company/Central Kentucky Lines--Lease Exemption--Lines of 
R.J.Corman Equipment Company, LLC, wherein R.J. Corman Railroad 
Company/Central Kentucky Lines (RJCK) will lease and operate the line 
and associated branch lines being acquired by RJCE.
    If the verified 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. 34386, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2875.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov''.

    Decided: September 8, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-23257 Filed 9-11-03; 8:45 am]

BILLING CODE 4915-00-P