81 FR 72849 - CSX Transportation, Inc.-Trackage Rights Exemption-Central Railroad Company of Indianapolis, Chicago d/b/a Ft. Wayne and Eastern Railroad Division

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range		72849-72849
FR Document		2016-25523

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Page 72849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25523]



[[Page 72849]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36049]


CSX Transportation, Inc.--Trackage Rights Exemption--Central 
Railroad Company of Indianapolis, Chicago d/b/a Ft. Wayne and Eastern 
Railroad Division

    CSX Transportation, Inc. (CSXT), a Class I rail carrier, has filed 
a verified notice of exemption under 49 CFR 1180.2(d)(7) for its 
acquisition of limited overhead trackage rights over a 70.4-mile 
portion of a rail line that Central Railroad Company of Indianapolis, 
d/b/a Chicago, Ft. Wayne and Eastern Railroad Division (CFE) leases 
from CSXT.\1\ The limited overhead trackage rights are between Lima, 
Ohio (milepost QF 260.3) and Arcola/Columbia City, Ind. (milepost PC 
330.4), the connection to the SDI Facility (Facility) at Arcola, 
including all sidings, yard tracks, and yard leads now existent or 
hereafter constructed along the subject tracks.\2\
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    \1\ CFE was granted authority to lease and operate approximately 
273 miles of rail line from CSXT in Central Railroad Co. of 
Indianapolis--Lease & Operation Exemption--CSX Transportation, Inc., 
FD 34508 (STB served July 30, 2004).
    \2\ CSX states that the parties have entered into a written 
agreement for the limited overhead trackage rights and a copy of the 
final Agreement will be filed with the Board when executed. CSX 
simultaneously filed a motion for a protective order to protect the 
confidential and commercially sensitive information contained in the 
Agreement, which CSXT submitted under seal in this proceeding. That 
motion will be handled separately.
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    CSXT states that the parties will enter into a written agreement 
for the limited overhead trackage rights, and a copy of the final 
trackage rights agreement will be filed with the Board when it is 
executed.
    CSXT states that it acquires finished rail from the Facility for 
use throughout its system. CFE handles the traffic from the Facility to 
an interchange with CSXT at Lima. CSXT states that it is more efficient 
to handle the traffic from the origin at the Facility in single-line 
service to the various locations on its system where the rail will be 
used. As part of the lease, CFE agreed to grant CSXT limited overhead 
trackage rights to directly access the Facility at Arcola. CSXT states 
it is seeking the trackage rights to directly reach the Facility solely 
for the purpose of transporting finished rail for use on its system and 
empty cars in the opposite direction.
    The transaction is scheduled to be consummated on November 5, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    As a condition to this exemption, any employees affected by 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 by October 28, 2016 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36049, 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 Louis E. Gitomer, 600 Baltimore Ave., Suite 
301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 18, 2016.

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

Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2016-25523 Filed 10-20-16; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72849

SURFACE TRANSPORTATION BOARD rights will be protected by the law that authorizes judicial review of a
conditions imposed in Norfolk & claim provides a time period of less
[Docket No. FD 36049]
Western Railway—Trackage Rights— than 150 days for filing such claim, then
CSX Transportation, Inc.—Trackage Burlington Northern, Inc., 354 I.C.C. 605 that shorter time period still applies.
Rights Exemption—Central Railroad (1978), as modified in Mendocino Coast FOR FURTHER INFORMATION CONTACT:
Company of Indianapolis, Chicago d/b/ Railway—Lease & Operate—California Bryan Dillon, Area Engineer, FHWA
a Ft. Wayne and Eastern Railroad Western Railroad, 360 I.C.C. 653 (1980). Utah Division, 2520 West 4700 South,
Division This notice is filed under 49 CFR Suite 9A, Salt Lake City, Utah 84129;
1180.2(d)(7). If the notice contains false telephone: 801–955–3517; email:
CSX Transportation, Inc. (CSXT), a or misleading information, the bryan.dillon@dot.gov. The FHWA Utah
Class I rail carrier, has filed a verified exemption is void ab initio. Petitions to Division Office’s normal business hours
notice of exemption under 49 CFR revoke the exemption under 49 U.S.C. are 7:30 a.m. to 4:30 p.m. (Mountain
1180.2(d)(7) for its acquisition of limited 10502(d) may be filed at any time. The Standard Time), Monday through
overhead trackage rights over a 70.4- filing of a petition to revoke will not Friday, except Federal holidays.
mile portion of a rail line that Central automatically stay the effectiveness of
Railroad Company of Indianapolis, d/b/ the exemption. Petitions for stay must Notice is
SUPPLEMENTARY INFORMATION:
a Chicago, Ft. Wayne and Eastern be filed by October 28, 2016 (at least hereby given that FHWA has taken final
Railroad Division (CFE) leases from seven days before the exemption agency action subject to 23 U.S.C.
CSXT.1 The limited overhead trackage becomes effective). 139(l)(1) by issuing licenses, permits,
rights are between Lima, Ohio (milepost An original and 10 copies of all and approvals for the 106th South,
QF 260.3) and Arcola/Columbia City, pleadings, referring to Docket No. FD Redwood Road to Jordan Gateway,
Ind. (milepost PC 330.4), the connection 36049, must be filed with the Surface Project in the State of Utah. The 106th
to the SDI Facility (Facility) at Arcola, Transportation Board, 395 E Street SW., South, Redwood Road to Jordan
including all sidings, yard tracks, and Washington, DC 20423–0001. In Gateway, Project proposes to provide
yard leads now existent or hereafter addition, a copy of each pleading must transportation improvements along
constructed along the subject tracks.2 be served on Louis E. Gitomer, 600 106th South between Redwood Road
CSXT states that the parties will enter Baltimore Ave., Suite 301, Towson, MD and Jordan Gateway in South Jordan
into a written agreement for the limited 21204. City, Salt Lake County, Utah.
overhead trackage rights, and a copy of Board decisions and notices are The project consists of the following
the final trackage rights agreement will available on our Web site at improvements: Add one travel lane in
be filed with the Board when it is ‘‘WWW.STB.GOV.’’ each direction between Redwood Road
executed. and Jordan Gateway, generally within
CSXT states that it acquires finished Decided: October 18, 2016.
By the Board, Rachel D. Campbell, the present roadway width; Provide 5-
rail from the Facility for use throughout ft shoulder for bicyclists where right
its system. CFE handles the traffic from Director, Office of Proceedings.
turns are not required and 8-ft outside
the Facility to an interchange with Rena Laws-Byrum,
shoulders where there are existing
CSXT at Lima. CSXT states that it is Clearance Clerk. access points for right turns; Maintain
more efficient to handle the traffic from [FR Doc. 2016–25523 Filed 10–20–16; 8:45 am] two-way left-turn lane between
the origin at the Facility in single-line BILLING CODE 4915–01–P approximately 1540 West and 1300
service to the various locations on its West; Remove pedestrian structure at
system where the rail will be used. As 1300 West; Add dual left-turn lanes on
part of the lease, CFE agreed to grant DEPARTMENT OF TRANSPORTATION all four legs of the 1300 West and 10600
CSXT limited overhead trackage rights
South Intersection; Remove the
to directly access the Facility at Arcola. Federal Highway Administration landscaped center median and replace it
CSXT states it is seeking the trackage
in most locations with back-to-back curb
rights to directly reach the Facility Notice of Final Federal Agency Actions
between 1300 West and Jordan Gateway;
solely for the purpose of transporting on Proposed Highway in Utah
Maintain existing left turn accesses at
finished rail for use on its system and
AGENCY: Federal Highway all locations with the exception of the
empty cars in the opposite direction.
The transaction is scheduled to be Administration (FHWA), DOT. access into the office plaza at 406 South
consummated on November 5, 2016, the ACTION: Notice of Limitation of Claims Jordan Parkway which would be
effective date of the exemption (30 days for Judicial Review of Actions by FHWA restricted to a right-in/right-out only
after the verified notice of exemption and Other Federal Agencies. access; Re-stripe River Front Parkway
was filed). and 10600 South Intersection to include
As a condition to this exemption, any SUMMARY: This notice announces actions dual left-turn and dual right-turn lanes;
employees affected by the trackage taken by the FWHA that are final within Add dual left-turn lanes on all four legs
the meaning of 23 U.S.C. 139(l)(1). The of the Jordan Gateway and 10600 South
1 CFE was granted authority to lease and operate actions relate to the proposed 106th Intersection; and Incorporate
approximately 273 miles of rail line from CSXT in South, Redwood Road to Jordan Transportation Management System
Central Railroad Co. of Indianapolis—Lease & Gateway, Project in Salt Lake County in (TSM) activities or strategies to
Operation Exemption—CSX Transportation, Inc.,
the State of Utah. These actions grant maximize the efficiency of the existing
asabaliauskas on DSK3SPTVN1PROD with NOTICES

FD 34508 (STB served July 30, 2004).
2 CSX states that the parties have entered into a approvals for the project. system (e.g., signal coordination and
written agreement for the limited overhead trackage DATES: By this notice, FHWA is advising optimization, Intelligent Transportation
rights and a copy of the final Agreement will be Systems (ITS), and access management).
filed with the Board when executed. CSX the public of final agency actions
simultaneously filed a motion for a protective order subject to 23 U.S.C. 139(l)(1). A claim The actions by FHWA and the laws
to protect the confidential and commercially seeking judicial review of FHWA under which such actions were taken
sensitive information contained in the Agreement, are described in the Environmental
which CSXT submitted under seal in this
actions on the highway project will be
proceeding. That motion will be handled barred unless the claim is filed on or Assessment (EA) and Section 4(f)
separately. before March 20, 2017. If the Federal Evaluation and in the Finding of No

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Document Created: 2018-02-13 16:36:06
Document Modified: 2018-02-13 16:36:06

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 72849