The Indiana Rail Road Company-Trackage Rights Exemption-CSX Transportation, Inc., 71160 [2016-24876]

Download as PDF 71160 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices rmajette on DSK2TPTVN1PROD with NOTICES Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 15, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 24, 2016. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 3, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to Soo Line’s representative: W. Karl Hansen, Stinson Leonard Street LLP, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402. If the verified notice contains false or misleading information, the exemption is void ab initio. Soo Line has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 21, 2016. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2016 Update, EP 542 (Sub-No. 24) (STB served Aug. 2, 2016). VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), Soo Line shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by Soo Line’s filing of a notice of consummation by October 14, 2017, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 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. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–24886 Filed 10–13–16; 8:45 am] BILLING CODE 4915–01–P 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. 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 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). 2 The fully executed Agreement between CSXT and INRD was filed with the notice as Exhibit 2. PO 00000 Frm 00122 Fmt 4703 Sfmt 9990 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 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 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. E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

Surface Transportation Board

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Page 71160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

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