80 FR 73875 - Indiana Southern Railroad, LLC-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 227 (November 25, 2015)

Under 49 U.S.C. 10502, the Board revokes the class exemption as it pertains to the trackage rights described in Docket No. FD 35965 \1\ to permit the trackage rights to expire on January 1, 2020, as provided in the underlying temporary trackage rights agreement subject to the employee protective conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73875-73876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30037]


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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

AGENCY: Surface Transportation Board, DOT.

ACTION: Partial revocation of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board revokes the class exemption 
as it pertains to the trackage rights described in Docket No. FD 35965 
\1\ to permit the trackage rights to expire on January 1, 2020, as 
provided in the underlying temporary trackage rights agreement subject 
to the employee protective conditions set forth in Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on October 5, 2015, Indiana Southern 
Railroad, LLC (ISRR) filed a Verified Notice of Exemption under the 
Board's class exemption procedures at 49 CFR 1180.2(d)(7). The 
notice addressed an agreement between (ISRR) and Norfolk Southern 
Railway Company (NS) that is intended to grant ISRR limited overhead 
temporary trackage rights until January 1, 2020, 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. ISRR stated that because the temporary 
trackage rights are longer than a year in duration, its verified 
notice was not filed under the Board's class exemption for temporary 
trackage rights under 49 CFR 1180.2(d)(8). Instead, ISRR 
concurrently filed a Petition for Partial Revocation in this sub-
docket. Notice of the exemption was served and published in the 
Federal Register on October 21, 2015 (80 FR 63,871). That notice 
indicated that the Board would address the Petition for Partial 
Revocation in a subsequent decision, which it is doing here and in 
the Board's decision served today in this sub-docket.

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[[Page 73876]]


DATES: The decision is effective on December 25, 2015. Petitions to 
stay must be filed by December 7, 2015. Petitions for reconsideration 
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must be filed by December 15, 2015.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35965 (Sub-No. 1) to: Surface Transportation Board, 
395 E Street SW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on Eric M. Hocky, Clark Hill, PLC, One 
Commerce Square, 2005 Market St., Suite 1000, Philadelphia, PA 19103.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at WWW.STB.DOT.GOV.

    Decided: November 20, 2015.
    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-30037 Filed 11-24-15; 8:45 am]
BILLING CODE 4915-01-P