CSX Transportation, Inc.-Trackage Rights Exemption-Paducah & Louisville Railway, Inc.
| Published date | 14 March 2019 |
| Citation | 84 FR 9411 |
| Record Number | 2019-04728 |
| Section | Notices |
| Court | Surface Transportation Board |
Federal Register, Volume 84 Issue 50 (Thursday, March 14, 2019)
[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Page 9411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04728]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 33043 (Sub-No. 1)]
CSX Transportation, Inc.--Trackage Rights Exemption--Paducah &
Louisville Railway, Inc.
CSX Transportation, Inc. (CSXT), a Class I rail carrier, has filed
a verified notice of exemption under 49 CFR 1180.2(d)(7) to extend the
term of its overhead trackage rights over a 24.0-mile line of the
Paducah & Louisville Railway, Inc. (PAL) (the Line). The trackage
rights are between just west of Madisonville, Ky., PAL milepost 146,
and just east of Central City, Ky., PAL milepost 122, in Hopkins and
Muhlenberg Counties, Ky.
CSXT states that the parties entered into an agreement as of August
19, 1996 (Agreement), in which PAL granted CSXT overhead trackage
rights over the Line for a limited term. See CSX Transp., Inc.--
Trackage Rights Exemption--Paducah & Louisville Ry., FD 33043 (STB
served Sept. 6, 1996). CSXT and PAL have entered Amendment No. 1, dated
February 15, 2019, to amend Section 6 of the Agreement to extend the
term of the trackage rights over the Line ``until terminated by mutual
consent of the parties.'' \1\ CSXT states that no other terms of the
Agreement have been changed and that the extension of the term of the
trackage rights over the Line will be pursuant to Amendment No. 1 and
is not sought as a responsive application in a rail consolidation.
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\1\ A copy of the executed Amendment No. 1 was filed with the
notice as Exhibit A.
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The transaction may be consummated on or after March 28, 2019, the
effective date of the exemption (30 days after the verified notice was
filed).
As a condition to this exemption, any employees affected by the
extension of the term of trackage rights will be protected by the
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in
Mendocino Coast Railway--Lease & Operate--California Western Railroad,
360 I.C.C. 653 (1980).
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 effectiveness of the
exemption. Petitions for stay must be filed no later than March 21,
2019 (at least seven days before the exemption becomes effective).
An original and ten copies of all pleadings, referring to Docket
No. FD 33043 (Sub-No. 1), must be filed with the Surface Transportation
Board, 395 E Street SW, Washington, DC 20423-0001. In addition, a copy
of each pleading must be served on Louis E. Gitomer, Law Offices of
Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD
21204.
Board decisions and notices are available at www.stb.gov.
Decided: March 11, 2019.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-04728 Filed 3-13-19; 8:45 am]
BILLING CODE 4915-01-P
