80 FR 73038 - Indiana Southern Railroad, LLC-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 225 (November 23, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 225 (November 23, 2015)
| Page Range | 73038-73038 | |
| FR Document | 2015-29794 |
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)] [Notices] [Page 73038] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29794] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35965 (Sub-No. 1)] Indiana Southern Railroad, LLC--Temporary Trackage Rights Exemption--Norfolk Southern Railway Company By petition filed on October 5, 2015, Indiana Southern Railroad, LLC (ISRR), requests that the Board partially revoke the trackage rights class exemption, 49 CFR 1180.2(d)(7), as it pertains to the trackage rights arrangement exempted in Docket No. FD 35965, to permit those trackage rights to expire on January 1, 2020. ISRR states that the temporary trackage rights agreement (Agreement) between ISSR and Norfolk Southern Railway Company (NS) exempted in Docket No. FD 35965 is intended to grant ISRR limited overhead temporary trackage rights to operate over and provide rail service to one customer on a portion of NS's rail line between milepost 0.8 EJ at Oakland City Junction, Ind., and milepost 4.8 EJ at Enosville, Ind. Notice of the exemption in FD 35965 was served and published in the Federal Register on October 21, 2015 (80 FR 63871). The transaction may be consummated on or after November 4, 2015, the effective date of ISSR's exemption. Discussion and Conclusions Although ISRR and NS have expressly agreed on the duration of the proposed Agreement, trackage rights approved under the class exemption at 49 CFR 1180.2(d)(7) typically remain effective indefinitely, regardless of any contract provisions. Occasionally, however, trackage rights exemptions have been granted for a limited time period rather than in perpetuity. See, e.g., Union Pac. R.R.--Trackage Rights Exemption--Burlington N. & Santa Fe Ry., FD 34242 (Sub-No. 1) (STB served Oct. 7, 2002). Under 49 U.S.C. 10502, the Board may exempt a person, class of persons, or a transaction or service, in whole or in part, when it finds that: (1) Continued regulation is not necessary to carry out the rail transportation policy of 49 U.S.C. 10101; and (2) either the transaction or service is of limited scope, or regulation is not necessary to protect shippers from the abuse of market power. ISRR's temporary trackage rights were already authorized under the class exemption at 49 CFR 1180.2(d)(7). Granting partial revocation in these circumstances will promote the rail transportation policy by eliminating the need to file a second pleading seeking discontinuance when the agreement expires, thereby promoting rail transportation policy goals at 49 U.S.C. 10101(2), (4), (5), (7), and (15). Moreover, limiting the term of the trackage rights is consistent with the limited scope of the transaction previously exempted. Therefore, we will grant the petition and permit the trackage rights exempted in Docket No. FD 35965 to expire on January 1, 2020. To provide the statutorily mandated protection to any employee adversely affected by the discontinuance of trackage rights, we will impose the employee protective conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho (Oregon Short Line), 360 I.C.C. 91 (1979). It is ordered: 1. The petition for partial revocation is granted. 2. Under 49 U.S.C. 10502, the trackage rights described in Docket No. FD 35965 are exempted, as discussed above, to permit the trackage rights to expire on January 1, 2020, subject to the employee protective conditions set forth in Oregon Short Line. 3. Notice will be published in the Federal Register on November 23, 2015. 4. This decision is effective on December 23, 2015. Petitions to stay must be filed by December 3, 2015. Petitions for reconsideration must be filed by December 14, 2015. Decided: November 17, 2015. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Miller. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015-29794 Filed 11-20-15; 8:45 am] BILLING CODE 4915-01-P
![73038 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices
STRT notes that there is no freight 14 FDMS), which can be reviewed at the rail transportation policy of 49
service on this line and none is www.dot.gov/privacy. See also http:// U.S.C. 10101; and (2) either the
anticipated in the near future. As the www.regulations.gov/#!privacyNotice transaction or service is of limited
caboose will be used only in excursion for the privacy notice of regulations.gov. scope, or regulation is not necessary to
passenger service, the railroad requests Issued in Washington, DC, on November protect shippers from the abuse of
relief from the requirements of 49 CFR 13, 2015. market power.
part 224. Ron Hynes,
A copy of the petition, as well as any ISRR’s temporary trackage rights were
Director, Office of Technical Oversight. already authorized under the class
written communications concerning the
[FR Doc. 2015–29686 Filed 11–20–15; 8:45 am] exemption at 49 CFR 1180.2(d)(7).
petition, is available for review online at
www.regulations.gov and in person at BILLING CODE 4910–06–P Granting partial revocation in these
the U.S. Department of Transportation’s circumstances will promote the rail
(DOT) Docket Operations Facility, 1200 transportation policy by eliminating the
DEPARTMENT OF TRANSPORTATION
New Jersey Avenue SE., W12–140, need to file a second pleading seeking
Washington, DC 20590. The Docket Surface Transportation Board discontinuance when the agreement
Operations Facility is open from 9 a.m. expires, thereby promoting rail
to 5 p.m., Monday through Friday, [Docket No. FD 35965 (Sub-No. 1)] transportation policy goals at 49 U.S.C.
except Federal Holidays. Indiana Southern Railroad, LLC— 10101(2), (4), (5), (7), and (15).
Interested parties are invited to Moreover, limiting the term of the
Temporary Trackage Rights
participate in these proceedings by trackage rights is consistent with the
Exemption—Norfolk Southern Railway
submitting written views, data, or limited scope of the transaction
Company
comments. FRA does not anticipate previously exempted. Therefore, we will
scheduling a public hearing in By petition filed on October 5, 2015, grant the petition and permit the
connection with these proceedings since Indiana Southern Railroad, LLC (ISRR), trackage rights exempted in Docket No.
the facts do not appear to warrant a requests that the Board partially revoke FD 35965 to expire on January 1, 2020.
hearing. If any interested party desires the trackage rights class exemption, 49
an opportunity for oral comment, they CFR 1180.2(d)(7), as it pertains to the To provide the statutorily mandated
should notify FRA, in writing, before trackage rights arrangement exempted in protection to any employee adversely
the end of the comment period and Docket No. FD 35965, to permit those affected by the discontinuance of
specify the basis for their request. trackage rights to expire on January 1, trackage rights, we will impose the
All communications concerning these 2020. employee protective conditions set forth
proceedings should identify the ISRR states that the temporary in Oregon Short Line Railroad—
appropriate docket number and may be trackage rights agreement (Agreement) Abandonment Portion Goshen Branch
submitted by any of the following between ISSR and Norfolk Southern Between Firth & Ammon, in Bingham &
methods: Railway Company (NS) exempted in Bonneville Counties, Idaho (Oregon
• Web site: http:// Docket No. FD 35965 is intended to Short Line), 360 I.C.C. 91 (1979).
www.regulations.gov. Follow the online grant ISRR limited overhead temporary
instructions for submitting comments. trackage rights to operate over and It is ordered:
• Fax: 202–493–2251. provide rail service to one customer on 1. The petition for partial revocation
• Mail: Docket Operations Facility, a portion of NS’s rail line between is granted.
U.S. Department of Transportation, 1200 milepost 0.8 EJ at Oakland City 2. Under 49 U.S.C. 10502, the trackage
New Jersey Avenue SE., W12–140, Junction, Ind., and milepost 4.8 EJ at rights described in Docket No. FD 35965
Washington, DC 20590. Enosville, Ind. Notice of the exemption
• Hand Delivery: 1200 New Jersey are exempted, as discussed above, to
in FD 35965 was served and published
Avenue SE., Room W12–140, permit the trackage rights to expire on
in the Federal Register on October 21,
Washington, DC 20590, between 9 a.m. 2015 (80 FR 63871). The transaction January 1, 2020, subject to the employee
and 5 p.m., Monday through Friday, may be consummated on or after protective conditions set forth in Oregon
except Federal Holidays. November 4, 2015, the effective date of Short Line.
Communications received by ISSR’s exemption. 3. Notice will be published in the
December 23, 2015 will be considered Federal Register on November 23, 2015.
by FRA before final action is taken. Discussion and Conclusions
4. This decision is effective on
Comments received after that date will Although ISRR and NS have expressly
be considered as far as practicable. agreed on the duration of the proposed December 23, 2015. Petitions to stay
Anyone is able to search the Agreement, trackage rights approved must be filed by December 3, 2015.
electronic form of any written under the class exemption at 49 CFR Petitions for reconsideration must be
communications and comments 1180.2(d)(7) typically remain effective filed by December 14, 2015.
received into any of our dockets by the indefinitely, regardless of any contract Decided: November 17, 2015.
name of the individual submitting the provisions. Occasionally, however, By the Board, Chairman Elliott, Vice
comment (or signing the document, if trackage rights exemptions have been Chairman Begeman, and Commissioner
submitted on behalf of an association, granted for a limited time period rather Miller.
business, labor union, etc.). In than in perpetuity. See, e.g., Union Pac. Kenyatta Clay,
accordance with 5 U.S.C. 553(c), DOT R.R.—Trackage Rights Exemption—
wgreen on DSK2VPTVN1PROD with NOTICES
solicits comments from the public to Clearance Clerk.
Burlington N. & Santa Fe Ry., FD 34242
better inform its processes. DOT posts (Sub-No. 1) (STB served Oct. 7, 2002). [FR Doc. 2015–29794 Filed 11–20–15; 8:45 am]
these comments, without edit, including Under 49 U.S.C. 10502, the Board BILLING CODE 4915–01–P
any personal information the may exempt a person, class of persons,
commenter provides, to or a transaction or service, in whole or
www.regulations.gov, as described in in part, when it finds that: (1) Continued
the system of records notice (DOT/ALL– regulation is not necessary to carry out
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Document Created: 2018-03-01 11:17:55
Document Modified: 2018-03-01 11:17:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 73038 |
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