The Central Railroad Company of Indiana (CIND), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for CIND's acquisition of trackage rights pursuant to an amendment of an existing trackage rights agreement between CIND and CSX Transportation, Inc. (CSXT). In 1991, CSXT granted CIND overhead trackage rights over approximately 6 miles of rail line.^[1] Pursuant to a written amendment to the 1991 agreement,^[2] CSXT has agreed to extend the trackage rights by 1,135 feet between Ivorydale Junction and NA Tower (+−milepost ( printed page 57176) BB 7.5) to permit CIND to interchange with the Indiana & Ohio Railway Company.^[3]

The transaction may be consummated on or after July 27, 2024, 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 exempted transaction 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 verified 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 July 19, 2024 (at least seven days before the exemption becomes effective).

All pleadings, referring to Docket No. FD 36791, must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of each pleading must be served on CIND's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.

According to CIND, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b).

Board decisions and notices are available at www.stb.gov.