81 FR 71160 - The Indiana Rail Road Company-Trackage Rights Exemption-CSX Transportation, Inc.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range		71160-71160
FR Document		2016-24876

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Page 71160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24876]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36068]


The Indiana Rail Road Company--Trackage Rights Exemption--CSX 
Transportation, Inc.

    The Indiana Rail Road Company (INRD), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for its 
acquisition of trackage rights over a line of railroad of CSX 
Transportation, Inc. (CSXT) between approximately milepost OZA 204.5 at 
Sullivan, Ind., and milepost OZA 219.05 at Oaktown, Ind., a distance of 
approximately 14.55 miles (the Line).
    INRD states that, pursuant to a May 15, 2008 trackage rights 
agreement and two subsequent supplements to that agreement, dated as of 
August 1, 2009, and November 20, 2009, INRD holds trackage rights over 
CSXT's rail line from Sullivan to Carlisle and Oaktown, Ind.,\1\ for 
the purpose of handling unit coat trains from mines at Carlisle and 
Oaktown to specified destinations on INRD or other railroads with which 
INRD interchanges.
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    \1\ See Ind. Rail Rd.--Trackage Rights Exemption--CSX Transp., 
Inc., FD 35328 (STB served Dec. 31, 2009); Ind. Rail Rd.--Trackage 
Rights Exemption--CSX Transp., Inc., FD 35287 (STB served Sept. 2, 
2009); Ind. Rail Rd.--Amended Trackage Rights Exemption--CSX 
Transp., Inc., FD 35137 (STB served May 22, 2008).
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    Pursuant to a written Supplemental Agreement No. 6 (Agreement) 
dated September 1, 2016,\2\ CSXT has agreed to grant additional 
limited, temporary trackage rights to INRD over the Line. The purpose 
of the transaction is to allow INRD to handle loaded and empty coal 
trains between the Oaktown Mine and the Kentucky Utilities Generating 
Station in Harrodsburg, Ky., in interline service with other rail 
carriers.\3\ The Agreement provides that the trackage rights are 
temporary in nature and are scheduled to expire on December 31, 
2017.\4\
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    \2\ The fully executed Agreement between CSXT and INRD was filed 
with the notice as Exhibit 2.
    \3\ INRD's notice of exemption initially described the trackage 
rights as ``local.'' However, on October 4, 2016, INRD filed a 
supplement in which it states that, beyond serving the mine at 
Oaktown, the temporary trackage rights will not allow INRD to 
provide local service at any points between Sullivan and Oaktown.
    \4\ INRD states that, because the temporary trackage rights 
established by the Agreement are longer than one year in duration, 
it is not filing under the Board's class exemption for temporary 
trackage rights under 49 CFR 1180.2(d)(8). Instead, INRD has filed 
under the trackage rights class exemption at 1180.2(d)(7). 
Concurrently, INRD has filed, in Docket No. FD36068 (Sub-No. 1), a 
petition for partial revocation of this exemption to permit these 
proposed trackage rights to expire on December 31, 2017, as provided 
in the Agreement. The Board will address that petition in a separate 
decision.
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    The transaction may be consummated on or after October 29, 2016, 
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 
acquisition of the 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 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 October 21, 2016 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36068, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Marline Simeon,
Clearance Clerk.
[FR Doc. 2016-24876 Filed 10-13-16; 8:45 am]
 BILLING CODE 4915-01-P

71160 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

Between Firth & Ammon, in Bingham & conditions will be imposed, where allow INRD to handle loaded and empty
Bonneville Counties, Idaho, 360 I.C.C. appropriate, in a subsequent decision. coal trains between the Oaktown Mine
91 (1979). To address whether this Pursuant to the provisions of 49 CFR and the Kentucky Utilities Generating
condition adequately protects affected 1152.29(e)(2), Soo Line shall file a Station in Harrodsburg, Ky., in interline
employees, a petition for partial notice of consummation with the Board service with other rail carriers.3 The
revocation under 49 U.S.C. 10502(d) to signify that it has exercised the Agreement provides that the trackage
must be filed. authority granted and fully abandoned rights are temporary in nature and are
Provided no formal expression of the Line. If consummation has not been scheduled to expire on December 31,
intent to file an offer of financial effected by Soo Line’s filing of a notice 2017.4
assistance (OFA) has been received, this of consummation by October 14, 2017, The transaction may be consummated
exemption will be effective on and there are no legal or regulatory on or after October 29, 2016, the
November 15, 2016, unless stayed barriers to consummation, the authority effective date of the exemption (30 days
pending reconsideration. Petitions to to abandon will automatically expire. after the verified notice was filed).
stay that do not involve environmental Board decisions and notices are As a condition to this exemption, any
issues,1 formal expressions of intent to available on our Web site at employees affected by the acquisition of
file an OFA under 49 CFR ‘‘WWW.STB.GOV.’’ the trackage rights will be protected by
1152.27(c)(2),2 and trail use/rail banking Decided: October 11, 2016. the conditions imposed in Norfolk &
requests under 49 CFR 1152.29 must be Western Railway—Trackage Rights—
By the Board, Rachel D. Campbell,
filed by October 24, 2016. Petitions to Director, Office of Proceedings. Burlington Northern, Inc., 354 I.C.C. 605
reopen or requests for public use Kenyatta Clay,
(1978), as modified in Mendocino Coast
conditions under 49 CFR 1152.28 must Railway—Lease & Operate—California
Clearance Clerk.
be filed by November 3, 2016, with the Western Railroad, 360 I.C.C. 653 (1980).
[FR Doc. 2016–24886 Filed 10–13–16; 8:45 am] If the notice contains false or
Surface Transportation Board, 395 E
Street SW., Washington, DC 20423–
BILLING CODE 4915–01–P misleading information, the exemption
0001. is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
A copy of any petition filed with the SURFACE TRANSPORTATION BOARD may be filed at any time. The filing of
Board should be sent to Soo Line’s
[Docket No. FD 36068] a petition to revoke will not
representative: W. Karl Hansen, Stinson
automatically stay the effectiveness of
Leonard Street LLP, 150 South Fifth The Indiana Rail Road Company— the exemption. Petitions for stay must
Street, Suite 2300, Minneapolis, MN Trackage Rights Exemption—CSX be filed no later than October 21, 2016
55402. Transportation, Inc. (at least seven days before the
If the verified notice contains false or
The Indiana Rail Road Company exemption becomes effective).
misleading information, the exemption An original and 10 copies of all
is void ab initio. (INRD), a Class III rail carrier, has filed
pleadings, referring to Docket No. FD
Soo Line has filed environmental and a verified notice of exemption under 49
36068, must be filed with the Surface
historic reports that address the effects, CFR 1180.2(d)(7) for its acquisition of Transportation Board, 395 E Street SW.,
if any, of the abandonment on the trackage rights over a line of railroad of Washington, DC 20423–0001. In
environment and historic resources. CSX Transportation, Inc. (CSXT) addition, a copy of each pleading must
OEA will issue an environmental between approximately milepost OZA be served on Thomas J. Litwiler,
assessment (EA) by October 21, 2016. 204.5 at Sullivan, Ind., and milepost Fletcher & Sippel LLC, 29 North Wacker
Interested persons may obtain a copy of OZA 219.05 at Oaktown, Ind., a distance Drive, Suite 920, Chicago, IL 60606.
the EA by writing to OEA (Room 1100, of approximately 14.55 miles (the Line). Board decisions and notices are
Surface Transportation Board, INRD states that, pursuant to a May available on our Web site at
Washington, DC 20423–0001) or by 15, 2008 trackage rights agreement and ‘‘WWW.STB.GOV.’’
calling OEA at (202) 245–0305. two subsequent supplements to that
agreement, dated as of August 1, 2009, Decided: October 11, 2016.
Assistance for the hearing impaired is
and November 20, 2009, INRD holds By the Board, Rachel D. Campbell,
available through the Federal
trackage rights over CSXT’s rail line Director, Office of Proceedings.
Information Relay Service at (800) 877–
8339. Comments on environmental and from Sullivan to Carlisle and Oaktown, Marline Simeon,
historic preservation matters must be Ind.,1 for the purpose of handling unit Clearance Clerk.
filed within 15 days after the EA coat trains from mines at Carlisle and [FR Doc. 2016–24876 Filed 10–13–16; 8:45 am]
becomes available to the public. Oaktown to specified destinations on BILLING CODE 4915–01–P
Environmental, historic preservation, INRD or other railroads with which
public use, or trail use/rail banking INRD interchanges. 3 INRD’s notice of exemption initially described

Pursuant to a written Supplemental the trackage rights as ‘‘local.’’ However, on October
Agreement No. 6 (Agreement) dated 4, 2016, INRD filed a supplement in which it states
1 The Board will grant a stay if an informed
that, beyond serving the mine at Oaktown, the
decision on environmental issues (whether raised September 1, 2016,2 CSXT has agreed to temporary trackage rights will not allow INRD to
by a party or by the Board’s Office of Environmental grant additional limited, temporary provide local service at any points between
Analysis (OEA) in its independent investigation) trackage rights to INRD over the Line. Sullivan and Oaktown.
cannot be made before the exemption’s effective 4 INRD states that, because the temporary trackage
date. See Exemption of Out-of-Serv. Rail Lines, 5 The purpose of the transaction is to
rights established by the Agreement are longer than
I.C.C. 2d 377 (1989). Any request for a stay should one year in duration, it is not filing under the
rmajette on DSK2TPTVN1PROD with NOTICES

be filed as soon as possible so that the Board may 1 See Ind. Rail Rd.—Trackage Rights Exemption—
Board’s class exemption for temporary trackage
take appropriate action before the exemption’s CSX Transp., Inc., FD 35328 (STB served Dec. 31, rights under 49 CFR 1180.2(d)(8). Instead, INRD has
effective date. 2009); Ind. Rail Rd.—Trackage Rights Exemption— filed under the trackage rights class exemption at
2 Each OFA must be accompanied by the filing CSX Transp., Inc., FD 35287 (STB served Sept. 2, 1180.2(d)(7). Concurrently, INRD has filed, in
fee, which is currently set at $1,700. See 2009); Ind. Rail Rd.—Amended Trackage Rights Docket No. FD36068 (Sub-No. 1), a petition for
Regulations Governing Fees for Servs. Performed in Exemption—CSX Transp., Inc., FD 35137 (STB partial revocation of this exemption to permit these
Connection with Licensing & Related Servs.—2016 served May 22, 2008). proposed trackage rights to expire on December 31,
Update, EP 542 (Sub-No. 24) (STB served Aug. 2, 2 The fully executed Agreement between CSXT 2017, as provided in the Agreement. The Board will
2016). and INRD was filed with the notice as Exhibit 2. address that petition in a separate decision.

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Document Created: 2016-10-14 00:00:58
Document Modified: 2016-10-14 00:00:58

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		81 FR 71160