[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28550-28551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10874]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35127]


CSX Transportation, Inc.--Trackage Rights Exemption--Central 
Railroad of Indianapolis D/B/A Chicago, Fort Wayne and Eastern

    Pursuant to a written trackage rights agreement, Central Railroad 
of Indianapolis d/b/a Chicago, Fort Wayne and Eastern (CFE) has agreed 
to grant limited non-exclusive overhead trackage rights to CSX 
Transportation, Inc. (CSXT) over a CFE line of railroad between 
milepost QF 191.28, at the west end of CSXT's Crestline Yard, at 
Crestline, OH, and milepost QFS 62.85 at Spore, OH,\1\ via CFE's Ft. 
Wayne Line Subdivision, a distance of approximately 15.16 miles.\2\
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    \1\ CSXT's and CFE's trackage connects at the west end of CSXT's 
Crestline Yard. CSXT will operate along the Ft. Wayne Subdivision 
until it reaches milepost 200.05 near Bucyrus, OH. At that point, 
CSXT will enter the Spore Industrial Track, which begins at milepost 
QFS 69.24. CSXT will traverse the Spore Industrial Track to the end 
at Spore, milepost QFS 62.85, where the privately owned track of 
National Lime and Stone (NLS) begins. Loaded trains from NLS will be 
operated in the reverse move.
    \2\ A redacted draft version of the trackage rights agreement 
between CFE and CSXT was filed with the notice of exemption. The 
full draft version was concurrently filed under seal along with a 
motion for protective order, which will be addressed in a separate 
decision.
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    The transaction may be consummated on or after May 31, 2008, the 
effective date of the exemption (30 days after the exemption was 
filed).\3\
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    \3\ CSXT incorrectly states that the effective date of this 
exemption is May 30, 2008.
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    Under the trackage rights agreement, CSXT's trains will move to and 
from the end points of the line in the interests of economy and 
efficiency, in connection with a transition in CSXT's operations, which 
transition will be implemented to improve traffic flow by avoiding time 
consuming and unnecessary interchange of loaded/empty unit trains 
between CFE, CSXT, and their respective crews. The trackage rights are 
limited to: (1) The months between and including April through November 
of each calendar year, and (2) a maximum of three loaded unit trains of 
crushed limestone and three empty unit trains per week, with a maximum 
of 60 cars per unit train. CSXT will not provide local service over the 
line.
    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 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 effectiveness of the exemption. Stay petitions 
must be filed by May 23, 2008 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  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. 35127, 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 Steven C. Armbrust and John N. 
Booth, III, 500 Water Street, Suites J-150 and J-315, Jacksonville, FL 
32202.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 9, 2008.


[[Page 28551]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-10874 Filed 5-15-08; 8:45 am]
BILLING CODE 4915-01-P