[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17782]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32548]

 

The Indiana Rail Road Company and CSX Transportation, Inc.--Joint 
Relocation Project Exemption--in Bloomington, Monroe County, IN

    On July 11, 1994, The Indiana Rail Road Company (INRD) filed a 
notice of exemption under 49 CFR 1180.2(d)(5) to relocate a line of 
railroad. The transaction, which is the subject of ongoing agreements 
among INRD, CSX Transportation, Inc. (CSXT), and the City of 
Bloomington, IN, is to be consummated either by July 21, 1994, or at a 
later date to be agreed upon in writing among the parties.
    The project involves INRD's relocating a portion of its Bloomington 
Southern Branch track and operations in Bloomington, Monroe County, IN, 
from the present location to a nearby track owned and operated by CSXT. 
The relocation of operations covers 3.05 miles on the CSXT line. INRD 
and CSXT propose to consolidate rail traffic over the CSXT line 
extending from the CSXT-INRD ``Uptown Connection'' between the CSXT 
line and INRD's main east-west line to the CSXT McDoel Yard connection 
to INRD's Southern Branch near Country Club Road. As part of the 
relocation INRD will remove a 1.2 mile portion of its Southern Branch 
track extending south from INRD's main line. INRD trains will operate 
over the CSXT track to reach industry located on the Southern Branch in 
southwestern Bloomington. INRD states that a trackage agreement is 
being formalized with CSXT and copies will be filed with the Commission 
when the agreement is completed.
    The line relocation project will eliminate excess and duplicate 
railroad facilities, remove unnecessary railroad-street crossings, and 
furnish the City of Bloomington with a needed roadway corridor to be 
accomplished by the removal of INRD track. INRD asserts that service to 
shippers will not be affected.
    The Commission will exercise jurisdiction over the abandonment 
component of a relocation project, and require separate approval or 
exemption, only where the proposal involves, for example, a change in 
service to shippers, expansion into new territory, or a change in 
existing competitive situations. See, generally, Denver & R.G.W.R. 
Co.--Jt. Proj.--Relocation over BN, 4 I.C.C.2d 95 (1987). The 
Commission has determined that line relocation projects may embrace 
trackage rights transactions such as the one involved here. See D.T.& 
I.R.--Trackage Rights, 363 I.C.C. 878 (1981). Under these standards, 
the embraced incidental trackage rights component requires 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 the use of this exemption, any employees affected 
by the trackage rights agreement will be protected by the conditions in 
Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 
(1978), as modified in Mendocino Coast Ry., Inc.--Lease and Operate, 
360 I.C.C. 653 (1980).
    Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be 
filed at any time. The filing of a petition to revoke will not stay the 
transaction. Pleadings must be filed with the Commission and served on 
INRD's counsel: John H. Doeringer, 20180 Governors Highway, Olympia 
Fields, IL 60461.

    Decided: July 14, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-17782 Filed 7-20-94; 8:45 am]
BILLING CODE 7035-01-P