Federal Register, Volume 64 Issue 198 (Thursday, October 14, 1999)

[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Notices]
[Pages 55807-55808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26832]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33441 (Sub-No. 1)]


Paducah & Louisville Railway--Trackage Rights Exemption--CSX 
Transportation, Inc

    CSX Transportation, Inc. (CSXT) has agreed to grant overhead 
trackage rights to Paducah & Louisville Railway (P&L) over CSXT's rail 
line between the P&L/CSXT connection at Madisonville, KY, at or near 
milepost OOH-275, and the Diamond J Mine located on CSXT's Morganfield 
Branch, at or near milepost MB-294.1, including access to the Western 
Kentucky Railroad connection at Providence, KY, at or near milepost MB-
291.8, for a total distance of approximately 18.8 miles in Hopkins and 
Webster Counties, KY.
    The transaction was scheduled to be consummated on or shortly after 
October 5, 1999.
    The purpose of the trackage rights is to allow P&L to handle 
movements of coal from the Diamond J Mine and from the Pyro, Kentucky 
Mine to the GRT Terminal, at Jessup, KY, for barge movements to Alabama 
Power Company (APC) water served destinations, and to

[[Page 55808]]

handle empties via the reverse route.¹ The movements to APC 
water served destinations are in addition to the coal movements for TVA 
water served destinations authorized in STB Finance Docket No. 33441. 
The APC movements will be made pursuant to PAL Tariff A-1097 through 
December 31, 1999, and thereafter under contract PAL-C-0928.
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    \1\ P&L was previously granted trackage rights to handle 
movements of coal over the same trackage for barge movements to 
Tennessee Valley Authority (TVA) water served destinations, and to 
handle empties over the reverse route. See Paducah & Louisville 
Railway--Trackage Rights Exemption--CSX Transportation, Inc., STB 
Finance Docket No. 33441 (STB served Aug. 27, 1997).
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed 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).
    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. 33441 (Sub-No. 1), must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW, Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on (1) J. Thomas Garrett, Esq., Paducah & 
Louisville Railway, 1500 Kentucky Avenue, Paducah, KY 42003, and (2) 
Fred R. Birkholz, Esq., CSX Transportation, Inc., 500 Water Street, J-
150, Jacksonville, FL 32202.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 7, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-26832 Filed 10-13-99; 8:45 am]
BILLING CODE 4915-00-P