|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|R.J. CORMAN EQUIPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY|
|Director Of Proceedings|
|DECISION GRANTED THE COMMONWEALTH OF KENTUCKY, TOURISM, ARTS, AND HERITAGE CABINET'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JANUARY 24, 2011.|
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|Full Text of Decision|
40974 SERVICE DATE – LATE RELEASE AUGUST 5, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 876X
R.J. CORMAN EQUIPMENT
COMPANY, LLC—ABANDONMENT EXEMPTION—IN JOHNSON, MAGOFFIN AND
Decided: August 4, 2010
and notice of interim trail use or abandonment (NITU) served on December 23,
2004, the Board granted R.J. Corman Equipment Company, LLC (RJCE) and R.J.
Corman Railroad Company/Bardstown Line (RJCR) (collectively, Corman), an
exemption under 49 U.S.C. § 10502 from the prior approval requirements of
49 U.S.C. § 10903. RJCE sought to
abandon, and RJCR sought to discontinue service over, a line of railroad known
as the Dawkins Line, extending from milepost 0.05 at
The exemption was granted subject to public use, environmental, and standard employee protective conditions, and the Board authorized a 180-day period for Judge Executive Roger “Tucker” Daniel and the Johnson County Fiscal Court, Judge Executive Bill May and the Magoffin County Fiscal Court, and Judge Executive Lewis Warrix and the Breathitt County Fiscal Court, to negotiate an interim trail use/rail banking agreement with RJCE under the National Trails System Act, 16 U.S.C. § 1247(d). The negotiating period under the NITU was extended several times with the latest extension expiring on December 31, 2007.
By pleading filed on December 31, 2007, the Kentucky Rails to Trails Council (KRTC) stated that, on December 17, 2007, Big Sandy Area Development District requested that KRTC replace it as the new interim trail use proponent. By decision and notice served on January 23, 2008, the Board vacated the NITU served on December 23, 2004, and granted the request to substitute KRTC as interim trail user for a period of 180 days. The negotiating period under the NITU was extended by decisions served September 15, 2008, March 16, 2009, and July 29, 2009, with the latest extension expiring on January 12, 2010.
12, 2010, the
By letter filed on July 20, 2010, KTAHC requests an additional 180-day extension of the NITU negotiating period. KTAHC states that an extension is needed in order to pursue funding for the development of a trail. Corman states that it consents to an extension of the NITU negotiating period and the consequent deadline for its filing a notice of consummation.
Where, as here, the carrier has not consummated the
abandonment at the end of the previously imposed negotiating period and is
willing to continue trail use negotiations, the Board retains jurisdiction and
the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996);
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. KTAHC’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended to January 24, 2011.
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 According to Corman, RJCE’s name has now been changed to R.J. Corman Railroad Property, LLC.
decisions in this proceeding have embraced the discontinuance proceeding,
Docket No. AB 875X, R.J. Corman Railroad Company/Bardstown
Line—Discontinuance of Service Exemption—in Johnson, Magoffin and
 KTAHC is a
state governmental entity whose ancillary departments are responsible for the
promotion and development of trails in the State of
 See Rail Abandonments—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).