[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23290-23291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11030]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33380]


The Indiana Rail Road Company--Trackage Rights Exemption--
Consolidated Rail Corporation

    Consolidated Rail Corporation (Conrail) has agreed to grant 
trackage rights to The Indiana Rail Road Company (INRD) between INRD's 
connection with Conrail's Indianapolis Belt Running Track (Belt Track) 
near Raymond Street, Indianapolis, IN, at approximately milepost 5.3 
and the end of Conrail's Belt Track at the connection with the former 
Norfolk and Western Railway Company at approximately milepost 13.5, a 
distance of approximately 8.2 miles.\1\
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    \1\ INRD, Conrail, and CSX Transportation, Inc. (CSXT), are 
surviving parties to an agreement dated September 20, 1883, whereby 
all three maintained the right to operate over property owned by the 
former Indianapolis Union Railway Company (IU). IU's properties were 
conveyed to Conrail in 1976 by the United States Railway 
Administration. The track over which INRD operates consists of 
Conrail's 13.5-mile Belt Track and approximately 1.1 miles in 
downtown Indianapolis through the Indianapolis Union Station area. 
The surviving parties have agreed to terminate the 1883 agreement 
because many of its provisions have become obsolete. INRD has filed 
a notice of exemption to discontinue its trackage rights over the 
remainder of the Belt Track between mileposts 0.0 and milepost 5.3, 
as well as over the 1.1 miles of trackage in the Indianapolis Union 
Station area in The Indiana Rail Road Company--Discontinuance of 
Trackage Rights Exemption--in Marion County, IN, STB Docket No. AB-
295 (Sub-No. 3).
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    In its notice, INRD stated its intention that the trackage rights 
would become effective on April 20, 1997. On April 18, 1997, Joseph C. 
Szabo, for and on behalf of United Transportation Union-Illinois 
Legislative Board (UTU-IL), filed a petition to reject INRD's notice of 
exemption because the notice, filed on April 14, 1997, purported to 
give only 6 days' notice of the transaction when the Board's rules 
require that the notice be filed with the Board at least 7 days prior 
to consummation of an exempt transaction. See 49 CFR 1180.4(g). INRD 
replied on April 22, 1997, in opposition to the petition to reject. 
INRD argues that the trackage rights should be allowed to become 
effective on April 20, 1997, because it mailed its notice of exemption 
on April 10, 1997, and that it ``could reasonably assume that the 
Notice of Exemption would get from Jacksonville, Florida to Washington, 
D.C. in three days via first-class U.S. mail service.''
    The notice of exemption was not received by the Board until Monday, 
April 14, 1997, and hence was not filed until April 14, 1997.\2\ The 
earliest the exemption could take effect, therefore, was Monday, April 
21, 1997, and INRD's intended consummation date of April 20, 1997, was 
premature. While this is not a basis for rejection, UTU-IL is correct 
that INRD could not lawfully consummate the trackage rights transaction 
that is the subject of its notice until April 21, 1997.
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    \2\ The April 14, 1997 date of receipt at the Board is 
controlling. Moreover, there is no merit to INRD's argument that it 
could reasonably have expected a document mailed via first class in 
Jacksonville on Thursday, April 10, 1997, to have been received for 
filing at the Board in Washington, D.C., on or before April 13, 
1997. If a document filed by mail had been received by the Board on 
April 13 (a Sunday) or even on April 12 (a Saturday), it would not 
have been processed in any event until the next business day 
(Monday, April 14, 1997).
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    If INRD consummated the trackage rights transaction (for which it 
invoked the class exemption) prior to April 21, 1997, it will need to 
pursue after-the-fact relief by means of a petition for exemption that 
would permit effectiveness of the exemption sooner than 7 days after 
the filing of its notice of exemption. The petition should be filed 
with an appropriate filing fee.\3\
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    \3\ See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--1997 Update, STB Ex 
Parte No. 542 (Sub-No. 1) (STB served Jan. 23, 1997). Specific 
questions concerning filing fees should be directed to the Office of 
the Secretary, (202) 565-1650.
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    The purpose of the trackage rights is to allow INRD to continue to 
interchange with Norfolk Southern Railway Company, at milepost 13.5, 
and with CSXT near State Street, at approximately milepost 8.9.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed 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).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33380, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Charles M. Rosenberger, Esq., 500 Water Street, Jacksonville, 
FL 32202.

    Decided: April 23, 1997.


[[Page 23291]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-11030 Filed 4-28-97; 8:45 am]
BILLING CODE 4915-00-P