[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Notices]
[Page 19470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9641]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34187]


Central Railroad Company of Indiana--Joint Relocation Project 
Exemption--CSX Transportation, Inc.

    Central Railroad Company of Indiana (CIND) filed a notice of 
exemption under 1180.2(d)(5) to participate in a joint relocation 
project with CSX Transportation, Inc. (CSXT). CIND, upon commencing 
trackage rights operations over CSXT, will abandon service over its 1-
mile line between milepost 24.6 at Dearborn Tower and milepost 25.6 at 
West Lawrenceburg Interlocking (the Line). The transaction was 
scheduled to be consummated on or after March 29, 2002, the effective 
date of the exemption.
    CIND owns and operates approximately 81 miles of rail line located 
between milepost 0.0 (Wood Street) at Cincinnati, OH, and milepost 81.0 
at Mack, near Shelbyville, IN. CIND also has overhead trackage rights 
over the 76.2 miles of CSXT rail line located between milepost 81.0, at 
Shelbyville, and milepost 35.3, at Frankfort, IN. CIND also operates 
under trackage rights from CSXT pursuant to a February 9, 1996 
agreement from the connection of CIND on CSXT's connection track T-
1415(D)(1) at Ownership Point (O.P.) 1+53 at North Bend, OH, near 
CSXT's milepost BC 15 and CSXT's connection with CIND on CSXT's 
connection track T-2 at O.P. 1144+96.2 at Lawrenceburg, IN, near CSXT's 
milepost 22, a distance of approximately 7 miles.
    CIND is abandoning the Line in order to convey the underlying real 
estate to the City of Lawrenceburg for a public development project. 
CSXT granted CIND trackage rights over a portion of CSXT's Indiana 
Subdivision, milepost BC 21.54 at East Lawrenceburg, IN, to milepost BC 
23.3 at West Lawrenceburg, IN, a distance of about 1.7 miles. CIND will 
also construct turnouts within the current railroad right-of-way from 
the CSXT track at milepost BC 22.3  to serve Seagram's 
Distillery, and at milepost BC 22.9  to serve American 
Electric Power. The only other shipper served by CIND over the line 
being abandoned is Gibbco. Gibbco is located on property of American 
Electric Power (AEP). Gibbco will be able to load and unload on new 
track being constructed with the AEP facility in order to access CIND 
on its relocated track.
    The proposed joint relocation project will not disrupt service to 
shippers.
    CIND is cooperating with the City of Lawrenceburg in a public 
development project while continuing to serve its customers.
    The Board will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require a separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom. Detroit/Wayne County Port 
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). 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 incidental abandonment, construction, and 
trackage rights components require 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 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, 354 I.C.C. 
732 (1978) and 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34187, must be filed with the Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-
0001. In addition, one copy of each pleading must be served on Louis E. 
Gitomer, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 
20005.
    Boards decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: April 15, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 02-9641 Filed 4-18-02; 8:45 am]
BILLING CODE 4915-00-P