[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45883-45884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17325]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34508]


Central Railroad Company of Indianapolis--Lease and Operation 
Exemption--CSX Transportation, Inc.

    The Central Railroad Company of Indianapolis, Chicago, Ft. Wayne & 
Eastern Railroad Division (CFER), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to lease and operate, 
pursuant to an agreement with CSX Transportation, Inc. (CSXT), 
approximately 273 miles of rail line as follows: (1) The Fort Wayne 
line between Adams, IN, milepost QF 314.0, and Crestline, OH, milepost 
QF 191.3; (2) the Fort Wayne Secondary between Tolleston, IN, milepost 
QF 441.8, and Adams, IN, milepost QF 314.0; (3) the Decatur Second 
between Adams, IN, milepost QFD 86.6, and Decatur, IN, milepost QFD 
70.4; and (4) the Spore Industrial Track between Bucyrus, OH, milepost 
QFS 69.32, and Spore, OH, milepost QFS 62.85. In addition, CFER will 
acquire incidental trackage rights over New York Central Lines LLC's 
(NYC) Fort Wayne Secondary, operated by CSXT, between approximate 
milepost PC 441.0 near Tolleston, IN, and the connection of NYC's East-
West Line, operated by CSXT, with lines of Indiana Harbor Belt Railroad 
Company (IHB) at IHB milepost 7.0 approximately at Calumet Park, IL, 
via: (1) NYC's Fort Wayne Secondary between milepost 441.0 and 
connection of Fort Wayne Secondary with CSXT's Porter Branch at Porter 
Branch milepost 255.1 at Tolleston; (2) Porter Branch between milepost 
255.1 and connection of Porter Branch with CSXT's East-West Line at 
Porter Branch milepost 259.5 at CP Ivanhoe, IN; and (3) East-West Line 
between milepost 255.1 and the connection of the East-West Line with 
IHB-owned trackage at approximately IHB milepost 7.0 at Calumet Park, 
IL, a total distance of approximately 12.2 miles.\1\
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    \1\ CFER indicates that it is negotiating an agreement with CSXT 
for CFER's lease and operation of the line.
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    Because CFER's projected annual revenues will exceed $5 million, 
CFER certified to the Board on May 20, 2004, that it sent the required 
notice of the transaction on May 18, 2004, to the national offices of 
all labor unions representing employees on the line and posted a copy 
of the notice at the workplace of the CSXT employees on the affected 
lines on May 18, 2004. See 49 CFR 1150.42(e).\2\ The transaction is 
scheduled to be consummated on August 1, 2004.
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    \2\ On June 30, 2004, CFER requested a waiver of the Board's 60-
day advance notice requirements at 49 CFR 1150.42(e) as to four 
employees of Norfolk Southern Railway Company (NS) in Pittsburgh, 
PA, who dispatch the line and who may be affected by this 
transaction. The Board granted this waiver request in a decision 
served July 15, 2004, so that the transaction could go forward 
without waiting until 60 days after certification that notice had 
been posted for the NS dispatchers, but directed that notice of the 
transaction be posted no later than July 19, 2004, at the workplace 
of the four NS dispatchers. In a letter filed on July 19, 2004, NS 
certified that such notice was posted on that date.
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    If the verified notice contains false or misleading information, 
the exemption

[[Page 45884]]

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. 34508, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on: Gary A. Laakso, Vice President 
Regulatory Counsel, Central Railroad Company of Indianapolis, 5300 
Broken Sound Blvd., NW., Boca Raton, FL 33487, and Louis E. Gitomer, 
Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: July 26, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-17325 Filed 7-29-04; 8:45 am]
BILLING CODE 4915-01-P