[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28189-28190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10723]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35137]


The Indiana Rail Road Company--Trackage Rights Exemption--CSX 
Transportation, Inc.

    Pursuant to a written trackage rights agreement entered into 
between CSX Transportation, Inc. (CSXT), and The Indiana Rail Road 
Company (INRD), CSXT has agreed to grant non-exclusive, limited local 
trackage rights to INRD over CSXT's line of railroad between the 
connection of CSXT and INRD trackage at Sullivan, IN, at approximately 
CSXT milepost OZA 205.5, and the connection between CSXT's line and the 
tracks leading to the Sunrise Coal Company loading facility (Sunrise 
facility) at Carlisle, IN, at approximately CSXT milepost OZA 214.5, a 
distance of 9.0 miles (Line). According to INRD, the trackage rights 
are limited to empty hopper trains moving to, and loaded hopper trains 
carrying coal from, the Sunrise facility, located on the Line, and 
destined to Indianapolis Power & Light's Harding Street Plant at 
Indianapolis, IN,

[[Page 28190]]

and Hoosier Energy's Merrom Generating Station at Merrom, IN, both 
located on INRD's line.
    The transaction is scheduled to be consummated on May 30, 2008.
    The purpose of the trackage rights is to permit INRD to move loaded 
coal trains and empty hopper trains in single-line service between the 
Sunrise facility and INRD's two power plants, thus enhancing 
operational efficiency.
    As a condition to this exemption, any employees affected by the 
acquisition of 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. Stay petitions must be filed by May 22, 2008 (at 
least 7 days before the exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35137, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John Broadley, John H. Broadley 
& Associates, P.C., 1054 31st Street, NW., Suite 200, Washington, DC 
20007.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-10723 Filed 5-14-08; 8:45 am]
BILLING CODE 4915-01-P