Burns Harbor Shortline Railroad Company-Operation Exemption-in Porter County, Ind., 47815 [2022-16699]

Download as PDF Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices FOR FURTHER INFORMATION CONTACT: Please contact the Designated Federal Officer (DFO) Daniel Oates or Alternate DFO Brian Mattys at IDET@state.gov or (202) 878–2010. Kevin E. Bryant, Acting Director, Office of Directives Management, Department of State. [FR Doc. 2022–16744 Filed 8–3–22; 8:45 am] BILLING CODE 4710–10–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36610] jspears on DSK121TN23PROD with NOTICES Burns Harbor Shortline Railroad Company—Operation Exemption—in Porter County, Ind. Burns Harbor Shortline Railroad Company (BHS), a noncarrier,1 has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to operate a segment of track owned by the State of Indiana and controlled and managed by Ports within the Port of Indiana-Burns Harbor. The track begins at a connection with Norfolk Southern Railway Company (NSR) near the intersection of South Boundary Drive and Sun Drive and extends in a loop configuration northerly, easterly and then southerly to a second connection with NSR near the intersection of East Boundary Drive and Joe Emig Drive, a distance of approximately 4.15 miles in Portage, Porter County, Ind. (the Line). This transaction is related to a concurrently filed verified notice of exemption in Ports of Indiana— Continuance in Control Exemption— Burns Harbor Shortline Railroad, Docket No. FD 36611, in which Ports and IPR seek to continue in control of BHS upon BHS’s becoming a Class III rail carrier. According to the verified notice, pursuant to an operating agreement between BHS and Ports,2 BHS will provide common carrier rail service on the Line, as Ports and BHS have determined that BHS’s operation of the Line and related ancillary trackage would benefit tenants of the Port of Indiana-Burns Harbor and promote the continued development and success of the Burns Harbor port facility. BHS states that the operating agreement between BHS and the Ports contains no restriction on BHS interchanging traffic with any rail carriers. BHS certifies that its projected annual revenue will not exceed $5 1 BHS is a wholly owned subsidiary of Indiana Ports Railroad Holding Corporation (IPR) and an indirect subsidiary of Ports of Indiana (Ports). 2 A confidential copy of the operating agreement between Ports and BHS was filed under seal as an exhibit to the verified notice. VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 million and that the proposed transaction will not result in BHS’s becoming a Class I or II rail carrier. The earliest this transaction may be consummated is August 18, 2022, the effective date of the exemption (30 days after the verified notice was filed). 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 August 11, 2022. All pleadings, referring to Docket No. FD 36610, 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 BHS’s representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to BHS, 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. Decided: July 29, 2022. By the Board, Mai T. Dinh, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2022–16699 Filed 8–3–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36611] Ports of Indiana and Indiana Ports Railroad Holding Corporation— Continuance in Control Exemption— Burns Harbor Shortline Railroad Company Ports of Indiana (Ports) and Indiana Ports Railroad Holding Corporation (IPR), both noncarriers, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Burns Harbor Shortline Railroad Company (BHS), a noncarrier wholly owned by IPR, which in turn is owned by Ports, upon BHS’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Burns Harbor Shortline Railroad—Operation Exemption—in Porter County, Ind., Docket No. FD PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 47815 36610, in which BHS seeks to operate an approximately 4.15-mile segment of track owned by the State of Indiana and controlled and managed by Ports within the Port of Indiana-Burns Harbor, in Portage, Porter County, Ind. According to the verified notice, Ports is a statewide port authority that operates state-owned port facilities at Burns Harbor, Jeffersonville, and Mt. Vernon, Ind. IPR is a noncarrier subsidiary of Ports that directly controls two Class III shortlines that operate on track owned by the State of Indiana and controlled and managed by Ports at the port facilities in Jeffersonville and Mt. Vernon. According to the verified notice, Ports and IPR will continue in control of BHS upon BHS’s becoming a railroad common carrier. Ports and IPR represent that: (1) the rail line to be operated by BHS does not connect with the rail lines of any of the rail carriers controlled by Ports or IPR; (2) the transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). The transaction may be consummated on or after August 18, 2022, the effective date of the exemption (30 days after the verified notice was filed). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 August 11, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36611, 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, one copy of each pleading must be served on Ports’ and IPR’s representative, Thomas J. Healey, E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Page 47815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16699]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36610]


Burns Harbor Shortline Railroad Company--Operation Exemption--in 
Porter County, Ind.

    Burns Harbor Shortline Railroad Company (BHS), a noncarrier,\1\ has 
filed a verified notice of exemption pursuant to 49 CFR 1150.31 to 
operate a segment of track owned by the State of Indiana and controlled 
and managed by Ports within the Port of Indiana-Burns Harbor. The track 
begins at a connection with Norfolk Southern Railway Company (NSR) near 
the intersection of South Boundary Drive and Sun Drive and extends in a 
loop configuration northerly, easterly and then southerly to a second 
connection with NSR near the intersection of East Boundary Drive and 
Joe Emig Drive, a distance of approximately 4.15 miles in Portage, 
Porter County, Ind. (the Line).
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    \1\ BHS is a wholly owned subsidiary of Indiana Ports Railroad 
Holding Corporation (IPR) and an indirect subsidiary of Ports of 
Indiana (Ports).
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    This transaction is related to a concurrently filed verified notice 
of exemption in Ports of Indiana--Continuance in Control Exemption--
Burns Harbor Shortline Railroad, Docket No. FD 36611, in which Ports 
and IPR seek to continue in control of BHS upon BHS's becoming a Class 
III rail carrier.
    According to the verified notice, pursuant to an operating 
agreement between BHS and Ports,\2\ BHS will provide common carrier 
rail service on the Line, as Ports and BHS have determined that BHS's 
operation of the Line and related ancillary trackage would benefit 
tenants of the Port of Indiana-Burns Harbor and promote the continued 
development and success of the Burns Harbor port facility.
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    \2\ A confidential copy of the operating agreement between Ports 
and BHS was filed under seal as an exhibit to the verified notice.
---------------------------------------------------------------------------

    BHS states that the operating agreement between BHS and the Ports 
contains no restriction on BHS interchanging traffic with any rail 
carriers. BHS certifies that its projected annual revenue will not 
exceed $5 million and that the proposed transaction will not result in 
BHS's becoming a Class I or II rail carrier.
    The earliest this transaction may be consummated is August 18, 
2022, the effective date of the exemption (30 days after the verified 
notice was filed).
    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 August 11, 
2022.
    All pleadings, referring to Docket No. FD 36610, 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 
BHS's representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to BHS, 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.

    Decided: July 29, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-16699 Filed 8-3-22; 8:45 am]
BILLING CODE 4915-01-P
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