83 FR 51759 - The Indiana Rail Road Company and CSX Transportation Inc.-Joint Relocation Project Exemption-Terre Haute, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 198 (October 12, 2018)

[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51759-51760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22246]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36203]


The Indiana Rail Road Company and CSX Transportation Inc.--Joint 
Relocation Project Exemption--Terre Haute, Ind.

    On September 27, 2018, the Indiana Rail Road Company (INRD) filed a 
verified notice of exemption under 49 CFR 1180.2(d)(5) to enter into a 
joint project with CSX Transportation, Inc. (CSXT), involving the 
relocation of a segment of INRD's rail line in Terre Haute, Ind.
    The purpose of the joint relocation project is to allow for the 
removal of the existing crossing diamond at Spring Hill Interlocking on 
the southeast side of Terre Haute, reduce maintenance expenses, and 
simplify track configuration and train operations at the crossing. The 
joint relocation project notice covers the following actions:
    (1) INRD will acquire overhead trackage rights on CSXT's CE&D 
subdivision extending from the connection with INRD's Hulman Lead at 
approximately CSXT milepost 0ZA 182.09 to the newly constructed INRD 
Connection at CSXT milepost 0ZA 182.13 at Spring Hill, a distance of 
approximately 0.04 miles in Terre Haute.
    (2) INRD will relocate and reconfigure approximately 800 feet of 
track southeast of Spring Hill crossing to create the new INRD 
Connection.
    (3) The diamond at Spring Hill and approximately 1000 feet of INRD 
track northwest of Spring Hill crossing will be removed.
    INRD states that there are no shippers on the involved trackage, 
and existing INRD service and operations will be preserved. Thus, INRD 
states no shippers will be adversely affected by the proposed joint 
relocation project or lose access to any rail service currently 
provided by INRD.
    The Board will exercise jurisdiction over the abandonment, 
construction, or sale components of a joint relocation project, and 
require separate approval or exemption, only where the removal of track 
affects service to shippers or the construction of new track or 
transfer of existing track involves expansion into new territory, or a 
change in existing competitive situations. See City of Detroit v. 
Canadian Nat'l Ry., 9 I.C.C.2d 1208 (1993), aff'd sub nom. Detroit/
Wayne Cty. Port Auth. v. ICC, 59 F.3d 1314 (D.C. Cir. 1995); Flats 
Indus. R.R. & Norfolk S. Ry.--Joint Relocation Project Exemption--in 
Cleveland, Ohio, FD 34108 (STB served Nov. 15, 2001). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See Detroit, Toledo & Ironton R.R.--Trackage Rights--
Between Wash. Court House & Greggs, Ohio--Exemption, 363 I.C.C. 878 
(1981).
    Under these standards, the incidental trackage rights and 
construction components require no separate approval or exemption when 
the relocation project, as here, will not disrupt service to shippers 
and thus qualifies for the class exemption at 49 CFR 1180.2(d)(5).
    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).
    The transaction may be consummated on or after October 27, 2018, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 transaction. Petitions to stay 
must be filed by October 19, 2018 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36203, 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 800, Chicago, IL 60606-3208.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: October 9, 2018.


[[Page 51760]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-22246 Filed 10-11-18; 8:45 am]
BILLING CODE 4915-01-P